Section 103.206  Adding Parties

a)         The Board, on its own motion or the motion of a respondent, may order a person to be added as a respondent if a complete determination of a controversy cannot be had without the presence of the person who is not already a party to the proceeding.

b)         If the Board orders a person to be added as a respondent pursuant to subsection (a) of this Section, the Board will grant the complainant leave to file an amended complaint that sets forth a claim against the added respondent. The amended complainant must meet the requirements of Section 103.204 of this Subpart.

c)         Misjoinder and nonjoinder of parties with respect to enforcement proceedings are governed by 35 Ill. Adm. Code 101.403(b).

d)         If a party wished to file a counter-complaint, cross-complaint, or third-party complaint, the party must move the Board for leave to file the pleading.  If a party wishes to file an amendment to a complaint, counter-complaint, cross-complaint, or third-party complaint that sets forth a new or modified claim against another person, the party who wishes to file the pleading must move the Board for leave to file the pleading.

e)         The pleading sought to be filed pursuant to subsection (d) of this Section must:

1)         Set forth a claim that arises out of the occurrence or occurrences that are the subject of the proceeding; and

2)         Meet the requirements of Section 103.204 of this Subpart.