(625 ILCS 5/18c-4204a)
(from Ch. 95 1/2, par. 18c-4204a)
(1) Establishment of administrative
standards. The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
(2) Statutory standards. A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
(a) Is aware of its obligations under this Chapter,
Commission regulations and orders, and other provisions of The Illinois Vehicle Code;
(b) Has substantially complied with applicable
statutes and regulations; and
(c) Possesses the equipment, facilities, financial
resources, knowledge and experience to provide the proposed service and meet the needs of supporting shippers, in compliance with applicable statutes and regulations, on a long-term basis.
(3) Burden of proof in application proceedings.
(a) Temporary authority. Each applicant for
temporary household goods carrier authority shall have the burden of making a prima facie showing of fitness. The Commission may, in its discretion, deny an application for temporary household goods authority where the applicant's fitness is controverted by specific allegations, under oath, by an intervenor.
(b) Permanent authority. Each applicant for
permanent household goods authority shall have the burden of proving its fitness by clear and convincing evidence.
(c) Findings. The order granting permanent household
goods authority shall contain specific findings, with citation to the record, on each aspect of fitness.
(4) Revocation proceedings. If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license. When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked. A license revoked under this Section shall not be
(Source: P.A. 89-444, eff. 1-25-96.)