(220 ILCS 5/15-504)
(a) Initiation of
proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own
motion or complaint.
(b) Suspension of tariffs. The Commission may
suspend a tariff, in whole or in part, during the
pendency of a proceeding to consider the reasonableness
of the tariff, whether it is
discriminatory, or whether it
otherwise violates provisions of this Article, Commission
regulations, or orders, provided the order of suspension
is issued prior to the effective date of the tariff. The
suspension shall remain in effect for 11 months
unless the Commission order provides for a shorter period
of suspension. At the end of the statutory suspension
period, the suspension may be extended by agreement of the
parties; otherwise, the tariff shall go into effect.
(c) Burden of proof in investigation proceedings.
The burden of proof in an investigation proceeding shall
be on the proponent of the rate.
(d) Prescription of tariffs and schedules. The
Commission may prescribe tariffs if it has determined
that a tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Article,
Commission regulations, or orders. The Commission may
prescribe schedules if it has determined, after
a hearing, that a schedule filed by a carrier is in
violation of this Article, Commission regulations, or orders.
(e) Relief. The Commission may, if it finds a
tariff or schedule is in violation of this Article, its
regulations, or orders, or finds rates or provisions in a
tariff unjust, unreasonable, or discriminatory, direct
the carrier to:
(1) Publish and file a supplement cancelling the
tariff or file notice of cancellation of the schedule, in whole or in part;
(2) Publish and file a new tariff or file a new
schedule containing rates and provisions prescribed by the Commission; and
(3) Repay any overcharges or collect any
undercharges, and pay reparations.
(Source: P.A. 89-42, eff. 1-1-96.)