10.67—Proof; variance; amendment of pleadings.
In the case of a variance between the
allegations in pleadings and the evidence adduced
in support of the pleadings, the Administrative
Law Judge, at any time before decision, may order
or authorize amendment of the pleadings to conform
to the evidence. The party who would otherwise be
prejudiced by the amendment must be given a
reasonable opportunity to address the allegations
of the pleadings as amended and the Administrative
Law Judge must make findings on any issue
presented by the pleadings as amended.