- a) Any determination pursuant to this Part may be made when CDB possesses documentation of one or more of the factors described in Section 980.310, 980.320, or 980.410.
- b) Such documentation constitutes a presumptive determination of non-responsibility. The A/E is entitled to rebut the presumption, through procedures described in this Subpart, but the presumption will not be overturned unless the A/E shows, by a preponderance of evidence, that each factor cited by CDB in support of its determination of non-responsibility is not present. CDB's determinations are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
(Source: Amended at 22 Ill. Reg. 20026, effective November 9, 1998)