(625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a |
| reasonable monetary settlement, suspension or revocation of a license or registration, or any other reasonable terms stipulated between the respondent and staff, with or without a finding of violations.
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(b) Presumption of Reasonableness. Such stipulations
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| shall be presumed reasonable. Unless the terms of a stipulation exceed such parameters as the Commission may establish, this presumption is rebuttable only by evidence of record at hearing.
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(c) Parameters. Parameters for settlement shall be
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| based on type of violation; severity, as measured by revenues from unlawful activities; and number of violations. Minimum settlement amounts may be established.
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(d) Orders. Orders suspending proposed settlements
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| shall cite reasons for suspension which are specific to the case. Orders rejecting proposed settlements shall recite the grounds on which the settlements are found to be unreasonable and describe the evidence which supports such findings.
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(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as
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| Sanctions. Violation of this Chapter by a motor carrier of property or passengers shall, in addition to other sanctions provided herein, subject the violator to suspension or revocation of any or all Commission licenses and registrations. The Commission may impose the sanctions of suspension and revocation. Where the violation is failure of a motor carrier of property or passengers to have in effect and file proof of continuous insurance coverage in accordance with this Chapter, Commission regulations and orders, the license or registration or both may be suspended by telephonic or telegraphic directive, confirmed by certified or registered mail or personal service, pending final disposition of revocation proceedings.
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(b) Suspension Pending Adjudication. Where the
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| violation is failure of a motor carrier of property to pay a franchise or franchise renewal fee, the license or registration or both may be suspended by certified or registered mail or personally served directive, pending final disposition of revocation proceedings.
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(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice
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| upon all persons who have failed to pay a franchise tax, license fee, or penalty required under the Business Corporation Act of 1983, or who have failed to comply with this Chapter, Commission regulations and orders, regarding the filing of proof of continuous insurance or bond coverage, the payment of periodic fees, the filing of periodic reports, the payment of civil penalties, or the filing of rates to the full extent of a carrier's authority. The notice shall advise such person of the apparent violations and state that, unless the Commission receives a written request for hearing or extension of time within 30 days from the date the notice is served, the person's license or registration will be revoked by operation of law without further action by the Commission.
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(ii) Extensions of Time. The Commission may grant
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| one extension of time not exceeding 60 days where the extension will not endanger the public.
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(iii) Request for Hearing. If a timely written
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| request for hearing is received, no further action shall be taken until the requirements of Section 18c-2102 of this Chapter have been satisfied.
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(iv) Revocation by Operation of Law. If, at the
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| expiration of the applicable time period, the person has not complied with the pertinent requirements, and a written request for hearing has not been received, the person will be deemed to have waived hearing and the license or registration shall be revoked by operation of law without further action by the Commission as if the Commission has served an order on the date following expiration revoking the license or registration.
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(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705.
Expedited Enforcement Procedures.
The
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(i) Power to Negotiate Settlements. The |
| Transportation Division Manager or his designee shall have the power to negotiate and sign proposed settlements of enforcement proceedings by written stipulation.
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(ii) Review and Acceptance of Stipulations. The
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| Commission shall provide for any appropriate and necessary review of proposed settlements within 30 days after a stipulation is signed by the parties. Unless a stipulation is suspended for review by order of the Commission served within 30 calendar days after it was signed by the parties, it shall be deemed accepted by operation of law. A stipulation which has been suspended for review shall likewise be deemed accepted by operation of law unless it is rejected by order of the Commission served within 45 days after it was suspended. A stipulation which is deemed accepted under this sub-paragraph shall become effective and shall be enforceable in the same manner as an order of the Commission.
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(iii) Administrative Appeal of Settlements.
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| Administrative appeal of a stipulation which has been approved by order of the Commission or by operation of law shall be by motion for rehearing or reconsideration in accordance with Section 18c-2110 of this Chapter. The right to administratively appeal a settlement may be waived by written stipulation.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
Sec. 18c-2102. Hearings in other than household goods carrier
authority cases.
(1) Hearing required.
Except as otherwise provided in subsection (2) of this Section,
and in Section 18c-2108 of this Chapter the Commission shall, in other than
household goods carrier authority cases,
issue orders granting
authority or other relief, prescribing rates, imposing
sanctions, or directing that a person take, continue to take,
refrain from taking or cease and desist from continuing to
take any action, only after notice and hearing in accordance
with the rules of practice applicable to proceedings under
this Chapter.
(1.1) Service of notice in a case involving a motor carrier of passengers. In any case involving a motor carrier of passengers, if an airport is a point to be served, in addition to public notice by publication, notice of an application for a license or transfer of a license must be served by certified mail, return receipt requested, on (i) the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and (ii) the agent for service of process in Illinois of any motor carrier possessing a license under Section 18c-6201 authorizing all or part of the service for which authority is sought under Section 18c-6201 of this Chapter.
(2) Hearing not required. Except as otherwise provided in Section
18c-2108 of this Chapter,
the Commission may, in other than household goods carrier authority
cases, conduct its review and issue orders
without hearing, the taking of evidence, or the making of a
record where action taken in the order:
(a) Was not opposed in a timely pleading addressed to |
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(b) Was opposed in a timely pleading, but such
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| opposition was later withdrawn or the parties in opposition waived further hearing and taking of evidence;
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(c) Was taken on an emergency temporary or interim
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| basis in accordance with Section 18c-2108 of this Chapter; or
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(d) Is interlocutory in nature.
(3) Section not applicable to household goods carrier authority cases.
Nothing in this Section shall have application to any household goods
carrier authority case.
(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2105) (from Ch. 95 1/2, par. 18c-2105)
Sec. 18c-2105.
Discovery.
(1) Discovery Generally. Any party may utilize
written interrogatories, depositions, requests for discovery or inspection
of documents or property and other discovery tools commonly utilized in
civil actions in the circuit courts in the State of Illinois in the manner
contemplated by the Code of Civil Procedure and the Rules of the Supreme
Court of Illinois; except that discovery must be completed by the 30th day
after the party filed its petition for leave to intervene, unless the period
of discovery is extended by agreement of the parties or by the Commission.
The Chairman or a hearing examiner may, at any time, on his own motion or
at the request of a party, issue such rulings denying, limiting, conditioning,
or regulating discovery as justice requires, and may supervise all or part
of any discovery procedure. Parties to proceedings before the Commission
are encouraged to clarify and resolve issues where possible through the
use of pre-hearing discovery. However, discovery order should be calculated
to lessen the time and expense required to reach an informed resolution of the issues.
(2) Subpoenas.
The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records,
documents, or other papers, at a time and place set forth in the subpoena,
in connection with a proceeding before the Commission. Service of the
subpoena shall be in the same manner as a subpoena issued by a court.
The Commission may, on its own motion or the motion of a
person served with a subpoena, quash the subpoena, in whole
or in part.
(3) Appeal from Discovery and Subpoenas. A person served with a
discovery request or subpoena may appeal such interlocutory matter to the
Commission. Such appeals shall set forth grounds for seeking to quash or
limit the scope of the discovery or subpoena, as well as the specific
relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the
person served shall be excused from compliance with the discovery order or
subpoena until a decision on its appeal is made by the Commission.
(4) Assessment and Payment of Discovery Costs.
The Commission may assess the costs of discovery, including
fees for witness attendance and travel, against the party by
which discovery was requested. Where a subpoena is issued on
the Commission's own motion, fees for witness attendance and
travel shall be paid by the Commission on request. Witness
fees shall be the same as for a circuit court proceeding.
Deposits to insure payment of costs and fees may be required.
(5) Enforcement of Discovery Procedures. The Commission may, where a
person has failed to comply with or permit discovery authorized hereunder,
determine any or all issues within the scope of the discovery or subpoena
adverse to such person without further evidence. The Commission may, in
addition, assess civil penalties under Article VII of Sub-chapter 1 of this
Chapter for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the violator.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(a) Licensing Proceedings. A person or an entity |
| shall be deemed to have an administratively cognizable interest in a proceeding in which an application for a new, amended, or extended intrastate license is under consideration only if:
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(i) The person possesses a license authorizing
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| all or part of the service for which authority is sought, such license is in good standing, and the person has transported or actively solicited traffic or both within the scope of the application during the 12 month period immediately preceding initiation of the proceeding;
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(ii) The proceeding involves an application for a
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| household goods carrier license and the person is an organization representing employees of a household goods carrier; or
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(iii) The entity is a municipality or other
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| political subdivision operating an airport that is a point to be served for the license under consideration.
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(b) Rate Proceedings. A person shall be deemed to
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| have an administratively cognizable interest in a proceeding in which new or amended rates are under consideration only if the person is:
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(i) A carrier authorized to transport traffic
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| such as would be subject to or affected by the rates;
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(ii) A shipper or receiver of traffic such as
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| would be subject to or affected by the rates;
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(iii) An association of two or more carriers,
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| acting at the request of and on behalf of one or more carriers authorized to transport traffic such as would be subject to or affected by the rates; or an association of two or more shippers or receivers acting at the request of and on behalf of one or more shippers or receivers of such traffic; or
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(iv) An organization representing employees of a
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(c) Proceedings to Transfer a License. A person shall
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| be deemed to have an administratively cognizable interest in a proceeding to transfer an intrastate license only if the person:
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(i) Has an ownership interest in or control of
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| the license which is the subject of the proceeding;
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(ii) Would, if the proposed transfer is approved,
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| acquire ownership or control of the license which is the subject of the proceeding;
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(iii) Possesses a license authorizing all or part
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| of the service authorized by the license sought to be transferred, such license is in good standing, and the person or entity has transported or actively solicited traffic within the scope of the license sought to be transported during the 12 months period immediately preceding initiation of the proceeding;
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(iv) Would be directly affected by the transfer;
(v) Is an organization representing employees of
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| a household goods carrier; or
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(vi) Is a municipality or other political
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| subdivision operating an airport that is a point to be served for the license under consideration.
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(d) Complaint and Enforcement Proceedings. A person
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| shall be deemed to have an administratively cognizable interest in a complaint proceeding if the person:
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(i) Has an ownership interest in or control of
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| the license which is the subject of the proceeding;
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(ii) Would be directly and adversely affected by
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| failure to grant relief sought in the complaint or enforcement action and such adverse effect is contrary to the purposes of this Chapter; or
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(iii) Is an organization representing employees
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| of a household goods carrier of property.
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(e) All Proceedings. Notwithstanding the provisions
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| of subsections (2)(a) through (2)(d) of this Section, a person shall be deemed to have an administratively cognizable interest in a proceeding other than a complaint proceeding if the person:
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(i) Filed the pleading pursuant to which the
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| proceeding was initiated; or
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(ii) Is an organization representing employees of
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| a household goods carrier.
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(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108.
Orders in other than household goods carriers
authority and enforcement proceedings.
(1) Emergency Orders.
The Commission may, on request, and upon a finding that
urgent and immediate public need requires emergency temporary
action, issue orders granting emergency temporary relief in other than
household goods carrier authority or enforcement cases.
The Commission shall promptly post notice of any such request
at a prominent location at the Commission offices in
Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by
telephone or telegram. Such orders may be issued without
hearing and shall remain in effect pending notice and hearing
in accordance with subsection (1) of Section 18c-2101 of
this Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed
or extended. Any person in opposition to such relief shall
be entitled, on request, to an oral hearing on the
request for emergency temporary relief. The filing
or granting of such request for oral hearing shall not,
unless the Commission so provides, stay the issuance or
effect of any emergency temporary order under this
subsection.
(2) Interim Orders.
The Commission may, on request, issue interim orders making
temporary disposition of issues in a proceeding, other than a household
goods carrier authority or enforcement proceeding, after notice
and hearing on written submissions. Such orders shall remain
in effect pending final disposition in accordance with Section
18c-2102 of this Chapter unless otherwise provided
in the interim order or the interim order is modified or
rescinded by the Commission. Any person in opposition to
such relief shall be entitled, on request, to an oral hearing
on the request for temporary relief. The filing or granting
of such a request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
interim order under this subsection. A request for oral
hearing on a request for temporary relief shall, unless
otherwise specified by the party making the request for oral
hearing, be construed as a request for oral hearing on the
application for permanent relief as well.
(3) Final orders.
Any party to a proceeding before the Commission shall be
entitled, on timely written request, to an oral hearing prior
to issuance of a final order in the proceeding. Where the
Commission has issued an interim order and no timely request
for oral hearing has been filed or is pending, the Commission
may issue a final order without oral hearing, except in household
goods carrier authority proceedings.
(4) Section not applicable to household goods carrier authority
proceedings. Nothing in this Section shall have application to any
household goods carrier authority proceeding.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
Sec. 18c-3204.
Rate Proceedings.
(1) Initiation of proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own motion or on
complaint.
(2) Suspension of tariffs and schedules.
(a) 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, or to consider whether the tariff is discriminatory, or to consider whether the tariff otherwise violates provisions of this Chapter, 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 the period allowed under this Chapter 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. The statutory suspension period is:
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(i) Seven months for public carriers and
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| household goods common carriers;
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(ii) One hundred and twenty days for motor
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| carriers of passengers; and
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(iii) Five months for rail carriers, unless the
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| period is extended for an additional 3 months in accordance with provisions of the Interstate Commerce Act.
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(b) Suspension of schedules. The Commission may
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| suspend a household goods contract carrier schedule, in whole or in part, during the pendency of a proceeding to consider whether the schedule violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the schedule. The suspension shall remain in effect for 7 months unless the Commission order provides for a shorter period of suspension. At the end of this period, the suspension may be extended by agreement of the parties; otherwise, the schedule shall go into effect.
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(c) Burden of proof in investigation proceedings. The
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| burden of proof in an investigation proceeding shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the rate.
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(3) Prescription of tariffs and schedules.
The Commission may prescribe tariffs where it has determined,
in accordance with Section 18c-2102 of this Chapter, that a
tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Chapter, Commission
regulations or orders. The Commission may prescribe
schedules where it has determined, after hearing, that a
schedule filed by a carrier is in violation of this Chapter,
Commission regulations or orders.
(4) Relief.
The Commission may, where it finds a tariff or schedule to be
in violation of this Chapter, its regulations or orders, or
finds rates or provisions in a tariff unjust, unreasonable,
or discriminatory, and in accordance with Section 18c-2102 of
this Chapter, direct the carrier to:
(a) Publish and file a supplement cancelling the
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| tariff or file notice of cancellation of the schedule, in whole or in part;
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(b) Publish and file a new tariff or file a new
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| schedule containing rates and provisions prescribed by the Commission; and
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(c) Repay any overcharges or collect any
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| undercharges, and, except with regard to household goods carriers, pay reparations.
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(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/18c-3206) (from Ch. 95 1/2, par. 18c-3206)
Sec. 18c-3206.
Charges to conform to tariffs or schedules and
orders of the Commission.
(1) Overcharges and undercharges prohibited.
No common or contract household goods or passenger carrier shall offer,
advertise, charge,
demand, collect, or receive, in any manner, a greater,
lesser, or different compensation for transportation or for
any service in connection therewith than the rates and
charges specified in tariffs or schedules on file with the
Commission and in effect at the time the transportation or
any other service is rendered; nor shall any such carrier
offer, advertise, charge, demand, collect, or receive any
compensation for transportation or for any other service
rendered in connection therewith where there is not in effect
at the time a lawfully applicable tariff or schedule.
Likewise, no such carrier shall refund or remit, in any
manner or by any device, whether directly or indirectly, or
through any agent or otherwise, or pursuant to
Commission order, any portion of the rates or charges
specified in tariffs or schedules on file with the Commission
and in effect at the time; nor shall any such carrier extend
to any person any discount, value, privilege, or facilities
for transportation or any service rendered in connection
therewith, except as are specified in tariffs or schedules on
file with the Commission and in effect at the time.
(2) Repayment of overcharges, collection of undercharges and
reparations.
(a) Repayment of overcharges and payment of |
| reparations. The Commission may, in accordance with Section 18c-2101 of this Chapter, order any carrier to pay to one or more shippers the amount by which the carrier received compensation greater than the rates and charges specified in tariffs or schedules in effect at the time the carrier rendered the transportation or other service in connection therewith. The Commission may likewise, in accordance with Section 18c-2101 of this Chapter, order any carrier other than a household goods carrier to pay to one or more shippers the amount by which the carrier received compensation greater than reasonable rates and charges as determined by the Commission.
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(b) Collection of undercharges. The Commission may,
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| in accordance to Section 18c-2101 of this Chapter, order any carrier to make all reasonable efforts to collect from one or more shippers the difference between amounts collected and the amount of compensation specified in tariffs or schedules in effect at the time the transportation or other service in connection therewith was rendered.
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(Source: P.A. 89-444, eff. 1-25-96.)
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