OAR 438-085-0526: Amendments as of Right

(1) Unless otherwise provided by the Administrative Law Judge, amendments to the citation and to the request for hearing, including affirmative defenses, shall be allowed up to the date and time set for hearing. (2) An amendment made by OR-OSHA under this rule may not allege a new violation or increase a penalty. (3) Amendments made in accordance with this rule are effective upon filing. (4) If a party is prejudiced by the timing of the amendment, a postponement or continuance may be allowed.