Section 980.470  Basis of Decisions

a)         CDB shall make determinations as appropriate concerning the substance of an A/E's  business as opposed to its form and base its decisions on the substance.  When an A/E attempts to evade the effects of a possible or actual finding of non-responsibility by changes of address, multiple addresses, changes in personnel or their titles, formation of new companies, or by other devices, CDB may take action pursuant to Section 980.300 and Subparts B and C of this Part.

b)         A/Es who are newly formed business concerns having substantially the same owners, officers, directors, or beneficiaries as a previously existing non-responsible firm will be declared non-responsible unless the new organization can demonstrate it was not set up for the purpose of avoiding an earlier declaration of non-responsibility.

(Source:  Amended at 25 Ill. Reg. 10759, effective August 10, 2001)