(625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
Sec. 18c-3203.
Filing, publishing and posting of tariffs and schedules.
(1) General requirement of filing, publication and posting. Each
common carrier of household goods or passengers shall file,
publish, and make available for public inspection its current
tariffs (other than rail contract rate tariffs). Copies of such
tariffs shall be provided by the carrier to any member of the
public on request and at a reasonable cost. Each contract
carrier of household goods shall file its current schedule of
rates and
provisions.
(2) Tariff and schedule specifications. Tariffs and schedules filed
in accordance with this
subsection shall be in such form and contain such information as
the Commission may specify. The Commission may, by special permission for
good cause shown, grant permission to deviate from its tariff and schedule
regulations.
(3) Rejection of tariffs and schedules. The Commission may, at any time
prior to the effective date of a tariff or schedule, reject or
suspend a tariff or schedule which does not conform to its
specifications or which on its face is in violation of this Chapter,
Commission regulations or orders.
(4) Right of independent action. Each carrier subject to this
Chapter shall have the individual right to publish,
file, and post any rate for transportation provided by such carrier or in
connection with any other carrier. No carrier shall be a member of any
bureau,
tariff publishing agency, or other organization which, directly or indirectly,
prohibits such carrier from publishing and filing any rate or which requires
that such rate be published or filed by the bureau,
publishing agency,
or other organization.
(Source: P.A. 89-444, eff. 1-25-96; 90-655, eff. 7-30-98.)
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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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