(a) CMS may review any new evidence that is submitted, regardless of whether the Board has stayed the proceedings, including but not limited to new evidence:
- (1) Submitted with the initial complaint;
- (2) Submitted with an amended complaint;
- (3) Produced during discovery;
- (4) Produced when the Board consults with scientific and clinical experts; and
- (5) Presented during any hearing.
- (b) CMS may submit a statement regarding whether the new evidence is significant under § 426.340, by a deadline set by the Board.