---
kind: "section"
citation: "13 C.F.R. § 134.308"
title: "13"
number: "134.308"
heading: "Limitation on new evidence and adverse inference from non-submission in appeals from size determinations."
url: "https://uscodex.org/cfr/13/134.308"
---

# §134.308. Limitation on new evidence and adverse inference from non-submission in appeals from size determinations.

- (a) Evidence not previously presented to the Area Office which issued the size determination being appealed will not be considered by a Judge unless:
  - (1) The Judge, on his or her own initiative, orders the submission of such evidence; or
  - (2) **A motion is filed and served establishing good cause for the submission of such evidence.** The offered new evidence must be filed and served with the motion.
- (b) If the submission of evidence is ordered by a Judge, and the party in possession of that evidence does not submit it, the Judge may draw adverse inferences against that party.

## Notes

### Amendments

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002]

### Authority

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 15 U.S.C. 657f. Subpart K issued under 15 U.S.C. 657f. Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116-136, 134 Stat. 281; Pub. L. 116-139, 134 Stat. 620; Pub. L. 116-142, 134 Stat. 641; and Pub. L. 116-147, 134 Stat. 660. Subpart M issued under 15 U.S.C. 657a; Pub. L. 117-81, 135 Stat. 1541.

### Source

Source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.

### Amendments

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002]