(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(a) Merit standards and procedures, and education |
| requirements, applicable to State troopers, and training requirements at least equivalent to that received from a police training school approved by the Illinois Law Enforcement Training Standards Board, together with such additional qualifications as are needed under this Chapter, for all nonclerical field operations personnel;
|
|
(b) Successful completion of an accredited accounting
|
| or transportation-related education program, or at least 4 years experience in motor carrier rate analysis or auditing, plus such additional qualifications as are needed under this Chapter, for all nonclerical rate auditing personnel; and
|
|
(c) Successful completion of an accredited legal or
|
| paralegal education program, or equivalent administrative law experience, plus such additional qualifications as are needed under this Chapter, for all nonclerical civil penalties program personnel.
|
|
(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
|
(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for |
| each motor vehicle operated by a motor carrier of property in intrastate commerce, and $2 for each motor vehicle operated by a motor carrier of property in interstate commerce.
|
|
(b) Filing fees: $100 for each application seeking a
|
| Commission license or other authority, the reinstatement of a cancelled license or authority, or authority to establish a rate, other than by special permission, excluding both released rate applications and rate filings which may be investigated or suspended but which require no prior authorization for filing; $25 for each released rate application and each application to register as an interstate carrier; $15 for each application seeking special permission in regard to rates; and $15 for each equipment lease.
|
|
(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a
|
| household goods carrier in intrastate commerce;
|
|
(a-5) $15 for each motor vehicle operated by a public
|
| carrier in intrastate commerce; and
|
|
(b) $7 for each motor vehicle operated by a motor
|
| carrier of property in interstate commerce.
|
|
(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The
|
| Commission may prescribe fees for the late filing of proof of insurance, operating reports, franchise or franchise renewal fee applications, or other documents required to be filed on a periodic basis with the Commission.
|
|
(b) Late-filing Fees to Accrue Automatically.
|
| Late-filing fees shall accrue automatically from the filing deadline set forth in Commission regulations, and all persons or entities required to make such filings shall be on notice of such deadlines.
|
|
(c) Maximum Fees. Late-filing fees prescribed by the
|
| Commission shall not exceed $100 for an initial period, plus $10 for each day after the expiration of the initial period. The Commission may provide for waiver of all or part of late-filing fees accrued under this subsection on a showing of good cause.
|
|
(d) Effect of Failure to Make Timely Filings and Pay
|
| Late-Filing Fees. Failure of a person to file proof of continuous insurance coverage or to make other periodic filings required under Commission regulations shall make licenses and registrations held by the person subject to revocation or suspension. The licenses or registrations cannot thereafter be returned to good standing until after payment of all late-filing fees accrued and not waived under this subsection.
|
|
(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise
|
| and franchise renewal fees for motor carriers of property shall be due and payable on or before the 31st day of December of the calendar year preceding the calendar year for which the fees are owing, unless otherwise provided in Commission regulations.
|
|
(b) Filing and Other Fees. Filing and other fees
|
| (including late-filing fees) shall be due and payable on the date of filing, or on such other date as is set forth in Commission regulations.
|
|
(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce
|
| Commission is accompanied by any fee as required by law and such application is refused or rejected, said fee shall be returned to said applicant.
|
|
(b) The Illinois Commerce Commission may reduce by
|
| interlineation the amount of any personal check or corporate check or company check drawn on the account of and delivered by any person for payment of a fee required by the Illinois Commerce Commission.
|
|
(c) Any check altered pursuant to above shall be
|
| endorsed by the Illinois Commerce Commission as follows: "This check is warranted to subsequent holders and to the drawee to be in the amount $ ."
|
|
(d) All applications to the Illinois Commerce
|
| Commission requiring fee payment upon reprinting shall contain the following authorization statement: "My signature authorizes the Illinois Commerce Commission to lower the amount of check if fee submitted exceeds correct amount."
|
|
(Source: P.A. 93-32, eff. 7-1-03.)
|
(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation |
| Regulatory Fund. All expenses of the Transportation Division shall be allocated to the Transportation Regulatory Fund, provided that they were:
|
|
(i) Incurred by and for staff employed within the
|
| Transportation Division and accountable, directly or through a program director or staff supervisor, to the Transportation Division manager;
|
|
(ii) Incurred exclusively in the administration
|
| and enforcement of this Chapter and Chapter 18a; and
|
|
(iii) Authorized by the Transportation Division
|
|
(b) Expenses Partially Allocated to the
|
| Transportation Regulatory Fund. A portion of expenses for the following persons and activities may be allocated to the Transportation Regulatory Fund:
|
|
(i) The Executive Director, his deputies and
|
| personal assistants, and their clerical support;
|
|
(ii) The legislative liaison activities of the
|
| Office of Legislative Affairs, its constituent elements and successors;
|
|
(iii) The activities of the Bureau of Planning
|
| and Operations on the effective date of this amendatory Act of the 94th General Assembly, exclusive of the Chief Clerk's office;
|
|
(iv) The payroll expenses of Commissioners'
|
|
(v) The internal auditor;
(vi) The in-state travel expenses of the
|
| Commissioners to and from the offices of the Commission; and
|
|
(vii) The Public Affairs Group, its constituent
|
| elements, and its successors.
|
|
(c) Allocation Methodology for Expenses Other Than
|
| Commissioners' Assistants. The portion of total expenses (other than commissioners' assistants' expenses) allocated to the Transportation Regulatory Fund under paragraph (b) of this subsection shall be the portion of staff time spent exclusively on administration and enforcement of this Chapter and Chapter 18a, as shown by a time study updated at least once each 6 months.
|
|
(d) (Blank).
(e) Allocation methodology for Commissioners'
|
| Assistants Expenses. Five percent of the payroll expenses of commissioners' assistants may be allocated to the Transportation Regulatory Fund.
|
|
(f) Expenses not allocable to the Transportation
|
| Regulatory Fund. No expenses shall be allocated to or paid from the Transportation Regulatory Fund except as expressly authorized in paragraphs (a) through (e) of this subsection. In particular, no expenses shall be allocated to the Fund which were incurred by or in relation to the following persons and activities:
|
|
(i) Commissioners' travel, except as otherwise
|
| provided in paragraphs (b) and (c) of this subsection;
|
|
(ii) Commissioners' assistants except as
|
| otherwise provided in paragraphs (b) and (e) of this subsection;
|
|
(iii) The Policy Analysis and Research Division,
|
| its constituent elements and successors;
|
|
(iv) The Chief Clerk's office, its constituent
|
|
(v) The Hearing Examiners Division, its
|
| constituent elements and successors, and any hearing examiners or hearings conducted, in whole or in part, outside the Transportation Division;
|
|
(vi) (Blank);
(vii) The Office of General Counsel, its
|
| constituent elements and successors, including but not limited to the Office of Public Utility Counsel and any legal staff in the office of the executive director, but not including the personal assistant serving as staff counsel to the executive director as provided in Section 18c-1204(2) and the Office of Transportation Counsel; and
|
|
(viii) Any other expenses or portion thereof not
|
| expressly authorized in this subsection to be allocated to the Fund.
|
|
The constituent elements of the foregoing shall, for
|
| purposes of this Section be their constituent elements on the effective date of this amendatory Act of 1987.
|
|
(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
|
(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(1) All monies deposited in the Transportation |
| Regulatory Fund, showing the total and subtotals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
|
|
(2) All expenditures from the Transportation
|
| Regulatory Fund, showing the total and the sub-totals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
|
|
(3) A listing and description by function of all
|
| staff positions actually funded, in whole or in part, at any time during the fiscal year, from the Transportation Regulatory Fund; and
|
|
(4) The methods used to allocate expenses between the
|
| Transportation Regulatory Fund and other funds, and between classes within the Transportation Regulatory Fund.
|
|
(Source: P.A. 94-839, eff. 6-6-06.)
|