Section 100.250  Burden of Proof

Documents filed by the Board pursuant to Section 100.230 of this Part, at least 15 days prior to hearing, shall constitute prima facie evidence, which may be rebutted by a complainant.  The burden shall be upon the complainant to prove by clear and convincing evidence that the Board's action complained of was an abuse of discretion.  CDB's determinations are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.

(Source:  Amended at 22 Ill. Reg. 20022, effective November 9, 1998)