Illinois Compiled Statutes
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VEHICLES625 ILCS 5/18c-1602
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/18c-1602)
(from Ch. 95 1/2, par. 18c-1602)
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
625 ILCS 5/18c-1603
(625 ILCS 5/18c-1603)
(from Ch. 95 1/2, par. 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.
(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;
(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.
(Source: P.A. 96-515, eff. 1-1-10.)
625 ILCS 5/18c-1604
(625 ILCS 5/18c-1604)
(from Ch. 95 1/2, par. 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
(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.)
625 ILCS 5/Ch 18C Sub 1 Art VII
(625 ILCS 5/Ch 18C Sub 1 Art VII heading)
VIOLATIONS OF THE LAW
625 ILCS 5/18c-1701
(625 ILCS 5/18c-1701)
(from Ch. 95 1/2, par. 18c-1701)
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1702
(625 ILCS 5/18c-1702)
(from Ch. 95 1/2, par. 18c-1702)
Responsibility for Enforcement.
It shall be the duty of the Commission and of the State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1703
(625 ILCS 5/18c-1703)
(from Ch. 95 1/2, par. 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
(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.)
625 ILCS 5/18c-1704
(625 ILCS 5/18c-1704)
(from Ch. 95 1/2, par. 18c-1704)
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.
(b) Presumption of Reasonableness. Such stipulations
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.
(c) Parameters. Parameters for settlement shall be
based on type of violation; severity, as measured by revenues from unlawful activities; and number of violations. Minimum settlement amounts may be established.
(d) Orders. Orders suspending proposed settlements
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.
(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
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.
(b) Suspension Pending Adjudication. Where the
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.
(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice
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.
(ii) Extensions of Time. The Commission may grant
one extension of time not exceeding 60 days where the extension will not endanger the public.
(iii) Request for Hearing. If a timely written
request for hearing is received, no further action shall be taken until the requirements of Section 18c-2102 of this Chapter have been satisfied.
(iv) Revocation by Operation of Law. If, at the
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.
(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
625 ILCS 5/18c-1705
(625 ILCS 5/18c-1705)
(from Ch. 95 1/2, par. 18c-1705)
Expedited Enforcement Procedures.
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.
(ii) Review and Acceptance of Stipulations. The
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.
(iii) Administrative Appeal of Settlements.
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.
(Source: P.A. 91-357, eff. 7-29-99.)
625 ILCS 5/Ch 18C Sb 1 Art VIII
(625 ILCS 5/Ch 18C Sb 1 Art VIII heading)
SERVICE OF NOTICES,
ORDERS AND PROCESS
625 ILCS 5/18c-1801
(625 ILCS 5/18c-1801)
(from Ch. 95 1/2, par. 18c-1801)
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)