(a) The contractor may review any new evidence that is submitted, regardless of whether the ALJ has stayed the proceedings, including but not limited to—
- (1) New evidence submitted with the initial complaint;
- (2) New evidence submitted with an amended complaint;
- (3) New evidence produced during discovery;
- (4) New evidence produced when the ALJ consults with scientific and clinical experts; and
- (5) New evidence presented during any hearing.
- (b) The contractor may submit a statement regarding whether the new evidence is significant under § 426.340, within such deadline as the ALJ may set.