Where the criteria in this section are met, the Department will presume that the recipient has carried out its CDBG-funded program in accordance with civil rights certifications and civil rights requirements of the act relating to equal employment opportunity, equal opportunity in services, benefits, and participation, and is affirmatively furthering fair housing unless:
(A) There is evidence which shows, or from which it is reasonable to infer, that the recipient, motivated by considerations of race, color, religion where applicable, sex, national origin, age, or handicap, has treated some persons less favorably than others;
(B) There is evidence that a policy, practice, standard, or method of administration, although neutral on its face, operates to deny or affect adversely in a significantly disparate way the provision of employment or services, benefits or participation to persons of a particular race, color, religion where applicable, sex, national origin, age, or handicap, or fair housing to persons of a particular race, color, religion, sex, or national origin; or
(C) Where the Secretary required a further assurance pursuant to CFR Section 570.304 in order to accept the recipient's prior civil rights certification, the recipient has failed to meet any such assurance.