Section 200.410  Amendment or Withdrawal of the Notice of Hearing

a)         The Notice of Hearing may be amended at any time to correct pleading or notice deficiencies.  An Amended Notice of Hearing shall be filed in the same manner as a Notice of Hearing or be presented to the Administrative Law Judge and each respondent during the course of the hearing.  A continuance shall be granted by the Administrative Law Judge whenever the amendment materially alters the Notice of Hearing, and when a respondent demonstrates that any respondent would otherwise be unable to properly prepare an Answer to the Amended Notice of Hearing or prepare any respondent's case.

b)         A Notice of Hearing may be withdrawn without prejudice by the Department at any time prior to the hearing.  After a hearing has begun, a Notice of Hearing may be withdrawn only upon written notice to, and concurrence by, the Administrative Law Judge.