20 CFR 901.40 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Joint Board For The Enrollment Of Actuaries (§ 900.1 To Parts 904-999) — Regulations Governing The Performance Of Actuarial Services Under The Employee Retirement Income Security Act Of 1974 (§ 901.0 To § 901.72) — Suspension Or Termination Of Enrollment (§ 901.30 To § 901.54) — Proof; variance; amendment of pleadings.

In the case of a variance between the allegations in a pleading and the evidence adduced in support of the pleading, the Administrative Law Judge may order or authorize amendment of the pleading to conform to the evidence, provided that the party who would otherwise be prejudiced by the amendment is given reasonable opportunity to meet the allegations of the pleading as amended. The Administrative Law Judge shall make findings on any issue presented by the pleadings as so amended.