CMS' statement regarding new evidence.

(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.