The Judge must dismiss the Size Standard Petition if:
The Size Standard Petition does not, on its face, allege specific facts that if proven to be true, warrant remand of the size standard;
The Petitioner is not adversely affected by the final rule revising, modifying, or establishing a size standard;
The Size Standard Petition is untimely or premature pursuant to § 134.903 or is not otherwise filed in accordance with the requirements in subparts A and B of this part; or
The matter has been decided or is the subject of adjudication before a court of competent jurisdiction over such matters.
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