ADMINISTRATIVE CODE

TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 446 RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES

SUBPART A: RULES OF GENERAL APPLICABILITY

Section 446.101 General Information

Section 446.102 Information; Special Instructions

Section 446.103 Communications and Pleadings

Section 446.104 Definitions

Section 446.105 Rules of Construction

Section 446.106 Regulatory Dockets

Section 446.107 Appearances

SUBPART B: DOCUMENT SPECIFICATIONS GENERALLY

Section 446.201 Typographical Specifications

Section 446.202 Copies

Section 446.203 Time

Section 446.204 Service

SUBPART C: RULES FOR FILING AND APPROVAL OF RATES AND CHARGES

Section 446.301 General Requirements

Section 446.302 Application for Rate Approval

Section 446.303 Initial Application Review

Section 446.304 Processing of Application

Section 446.305 Withdrawal

Section 446.306 Application for Rate Change

Section 446.307 Appeal

SUBPART D: LEVEL OF RATES OR CHARGES

Section 446.401 General Requirements

Section 446.402 Rates or Charges

Section 446.403 Enforcement

SUBPART E: HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS

Section 446.501 Request for Hearing

Section 446.502 Notice and Place of Hearing

Section 446.503 Hearings

Section 446.504 Presiding Officer's Decision

Section 446.505 Appeal

SUBPART F: COMPLAINTS OF UNREASONABLE OR UNJUST RATES

Section 446.601 Notice

Section 446.602 Complaints

Section 446.603 Reply

Section 446.604 Request for Hearing

Section 446.605 Hearing

Section 446.606 Presiding Officer's Decision

Section 446.607 Appeal

SUBPART G: MISCELLANEOUS PROVISIONS

Section 446.701 Discovery

Section 446.702 Motions

Section 446.703 Intervention

SUBPART A: RULES OF GENERAL APPLICABILITY

TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 446 RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES
SECTION 446.101 GENERAL INFORMATION

Section 446.101 General Information

a) Scope of Rules. These rules prescribe the requirements of the Illinois Department of Transportation governing the rates to be charged for safety test of school buses and prescribe the practices and procedures which shall govern all hearings conducted by the Department relating to rates charged by Official Testing Stations.

b) Applicability. These rules apply to every operator of an Official Testing Station conducting safety tests of school buses.

c) References. These rules shall be referred to as the "Rules on Rates for School Buses".

Section 446.102 Information; Special Instructions

Information as to procedure under the rules in this Part and instructions supplementing this Part in special instances, will be furnished upon written application to the Director, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.103 Communications and Pleadings

a) How Addressed. All communications and pleadings should, unless otherwise specifically directed, be addressed and submitted to: Director, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212. A communication should clearly designate the docket number, if any, and short title of any proceeding to and about which it is directed. The person communicating shall state his or her address, and the party he or she represents.

b) Timely Filing Required. All documents required or permitted to be filed under this Part must be received for filing at the offices of the Department's Division of Traffic Safety in Springfield, Illinois, within the time limits for that filing. The date of receipt at the Department and not the date of deposit in the mail is determinative, provided, however, that if the document is mailed by certified, registered, or express mail postmarked at least two days prior to the due date, it will be accepted as timely filed.

c) Defective Filing. When, upon inspection, the Department is of the opinion that a document tendered for filing does not comply with this Part or does not sufficiently set forth material required by any form of the Department, the Department may decline to accept the document for filing and may return it unfiled or the Department may accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.104 Definitions

As used in this Part:

"Code" means the Illinois Vehicle Code [625 ILCS 5].

"Commercial Vehicle Safety Section" or "Section" means a section of the Bureau of Safety Programs of the Division of Traffic Safety, Illinois Department of Transportation.

"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code)

"Director" means the Director of the Division of Traffic Safety of the Illinois Department of Transportation.

"Division" means the Illinois Department of Transportation, Division of Traffic Safety.

"Official Testing Station" means all contiguous real and personal property that houses the testing lanes and all equipment and supplies relating to the safety testing of vehicles.

"Person" means every natural person, firm, copartnership, association or corporation. (Section 1-159 of the Code)

"Rate" or "Charge" means the monetary charge to any person offering a school bus for a safety test pursuant to Section 13-106 of the Code.

"Safety test" means the inspection of vehicles and components required to be tested by the Illinois Vehicle Equipment Law [625 ILCS 5/12-101 through 12-902], the Illinois Vehicle Inspection Law [625 ILCS 5/13-100.1 through 13-117] and 92 Ill. Adm. Code 451, Administrative Requirements for Official Testing Stations.

"School bus" means every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:

Any public or private primary or secondary school;

Any primary or secondary school operated by a religious institution; or

Any public, private or religious nursery school.

This definition shall not include the following:

A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:

On a regularly scheduled route for the transportation of other fare paying passengers;

Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or

Being used for shuttle service between attendance centers or other educational facilities.

A motor vehicle of the first division.

A multifunction school-activity bus. (See Section 1-182 of the Code.)

"Secretary" means the Secretary of the Illinois Department of Transportation.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.105 Rules of Construction

a) In these Rules unless the context required otherwise:

1) Words imparting the singular include the plural;

2) Words imparting the plural include the singular;

3) Words imparting the masculine gender include the feminine.

b) In these Rules, the word:

1) "Shall" is used in an imperative sense;

2) "Must" is used in an imperative sense;

3) "Should" is used in a recommendatory sense;

4) "May" is used in a permissive sense to state authority or permission to do the act described and the words "no person may * * * " or "a person may not * * * " means that no person is required, authorized or permitted to do the act described; and

5) "Includes" is used as a word of inclusion not limitation.

Section 446.106 Regulatory Dockets

a) Information and data relating to Department actions pursuant to this Part are maintained by the Bureau of Safety Programs, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.

b) Any person may examine and copy any docketed material at the offices of the Division during regular business hours.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.107 Appearances

Any person either involved in or entitled to participate in proceedings may appear as follows:

a) A natural person may appear in his own behalf or through counsel of his choice;

b) A business, non-profit or governmental organization may appear by an officer, employee or representative, or may be represented by counsel of its choice;

c) Any attorney appearing in a representative capacity shall file a written notice of appearance.

SUBPART B: DOCUMENT SPECIFICATIONS GENERALLY

Section 446.201 Typographical Specifications

Except as otherwise provided, all documents shall be typewritten or reproduced from typewritten copy on unglazed white paper measuring 8½" x 11". Margins of at least one inch shall be allowed on the left and right margins. Reproduction of documents may be by any process provided the copies are clear and permanently legible. Typewritten documents must be double-spaced, except that long quotations may be single-spaced and indented. Lengthy documents should be accompanied by an index. Failure to observe these specifications may result in rejection.

Section 446.202 Copies

Except as otherwise provided in these rules, an original copy of all documents, including complaints, motions, petitions and notices of appeal, shall be filed with the Director and shall bear the docket number and the title of the proceeding in connection with which they are filed.

Section 446.203 Time

a) Computation. In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is Saturday, Sunday, or a legal holiday in the State of Illinois, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. This rule shall apply to the measurement of time forward, as well as backward from a specified date.

b) When the date designated for filing briefs or other documents is a Saturday, Sunday or a legal holiday in the State of Illinois, that date shall be extended to the next day which is neither a Saturday, Sunday nor a legal holiday in the State of Illinois.

c) Modification. Any time period may, upon request and for good cause shown, be modified by the Director in his discretion. Request for extensions or modifications of time must be served on all parties at the same time and by the same method of communication as service is made on the Department. Only the original of the request need be filed with the Department.

Section 446.204 Service

a) Each order, notice, or other document required to be served under these Rules shall be served personally or by first class, registered or certified mail, except as otherwise provided.

b) Service upon a person's duly authorized representative constitutes service upon that person.

c) Service by registered or certified mail is complete upon mailing. An official United States Postal Service receipt for registered or certified mail constitutes prima facie evidence of service.

d) One copy of each order, notice or other document must be served on each party. Service on any party shall be by the same means employed in serving all other parties.

SUBPART C: RULES FOR FILING AND APPROVAL OF RATES AND CHARGES

Section 446.301 General Requirements

a) No operator of an Official Testing Station shall make, establish, implement, collect or otherwise enforce any rate or charge or schedule of rates or charges for performing a safety test for any school bus unless that rate or charge or schedule of rates or charges has been made or established in accordance with the provisions of this Part.

b) No operator of an Official Testing Station shall change any rate or charge or schedule of rates or charges unless that change has been made in accordance with the provisions of this Part.

c) No applicant for a school bus Official Testing Station permit shall be issued that permit unless the applicant, in accordance with the provisions of this Part, has filed with the Department a proposed schedule of rates and charges and the Department has approved that schedule.

Section 446.302 Application for Rate Approval

a) Every operator of a currently licensed school bus Official Testing Station must file with the Department a schedule of all rates and charges intended to be made by the applicant for performing a safety test on school buses and for which he or she seeks the approval of the Department. Each application for approval shall be submitted on the form provided by the Department by mailing or delivering that form to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.

b) Each applicant for an Official Testing Station Permit shall file with the Department a proposed schedule of all rates and charges intended to be made by the applicant for performing a safety test on school buses and for which he or she seeks the approval of the Department. Each application made under this subsection (b) shall be filed by the applicant with his or her application for a station permit pursuant to 92 Ill. Adm. Code 451 – Administrative Requirements for Official Testing Stations. The applicant shall submit his or her proposed schedule on the form provided by the Department by mailing or delivering that form to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.

c) A schedule of rates and charges filed with the Department under subsections (a) and (b) of this Section shall include an amount to reimburse the operator of an Official Testing Station for the purchase from the Department of the Certificate of Safety required by Section 13-109 of the Code. The reimbursement shall not exceed the fee paid by the operator to the Department for the certificate.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.303 Initial Application Review

In the case of an application for rate approval under Section 446.302, the Section reviews the application to determine whether it is complete and conforms to the requirements of this Part. This determination will be made within 15 days of the receipt of the application. If the application is not returned to the applicant by the end of that period, it will be processed as provided in Section 446.304. If an application is returned, the applicant will be informed in what respects the application is incomplete.

Section 446.304 Processing of Application

a) Any and all rates and charges to be made by an operator of an Official Testing Station for performing a safety test on school buses shall be approved by the Department prior to the rates and charges becoming effective.

b) After an application for rate approval is determined to be complete, the Section processes the application. No public hearing, argument, or other formal proceeding is held directly on an application filed under Section 446.302.

c) If the Section determines pursuant to Section 446.402 that the rates and charges proposed are not just and reasonable, it denies the application and notifies the applicant in writing, together with the reasons therefor.

d) If the Section determines pursuant to Section 446.402 that the rates and charges proposed are just and reasonable, it grants the application and notifies the applicant in writing.

Section 446.305 Withdrawal

a) An applicant may withdraw an application for rate approval at any time prior to it being finally determined.

b) Withdrawal of an application does not authorize the removal of any related records from the dockets or files of the Division.

Section 446.306 Application for Rate Change

a) Any operator of an Official Testing Station who desires to change his or her schedule of rates and charges filed with and approved by the Department shall file with the Department the new schedule of rates and charges proposed to be made for performing a safety test on school buses.

b) Applications under subsection (a) of this Section shall be submitted on the form provided by the Department by mailing or delivering that form to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.

c) Applications under this Section shall initially be reviewed as provided in Section 446.303 and processed as provided in Section 446.304.

d) Withdrawals of applications under this Section shall be governed by Section 446.305.

e) If a proposed change in an applicant's rate or charge is disallowed or denied by the Section, an applicant may file a written petition under Section 446.307. All hearings scheduled under this subsection (e) shall be conducted in accordance with the provisions of Sections 446.501, 446.502, 446.503, 446.504 and 446.505.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.307 Appeal

a) If a proposed rate or charge or proposed change in rates or charges is disallowed or disapproved by the Section, an applicant may file, within 15 days after the applicant is notified of the disallowance or disapproval, a written petition with the Director for a hearing seeking approval of its proposed rates or charges or proposed change in rates or charges.

b) The petition for approval of disallowed rates must:

1) State the name and address of the person making the request and of the Official Testing Station involved;

2) Include a statement of ownership of the Official Testing Station, together with the date said ownership commenced;

3) Include a statement setting forth the current rates charged by the lane operator;

4) Include a statement setting forth with particularity the reasons why the lane operator seeks to amend the rates currently being charged;

5) Include a statement of the new rates for which petitioner seeks approval;

6) Include, if applicable, a statement relating to the necessity of obtaining a change in the rates being charged; and

7) State or include any other matters upon which the petitioner bases his request for a hearing.

c) All hearings scheduled under this Section shall be conducted in accordance with the provisions of Sections 446.501, 446.502, 446.503, 446.504 and 446.505.

SUBPART D: LEVEL OF RATES OR CHARGES

Section 446.401 General Requirements

a) Any and all rates or charges made by an operator of an Official Testing Station for performing a safety test for a school bus shall be just and reasonable.

b) A rate of charge is "just and reasonable" if it is the same, or nearly the same, as the prevailing rate of charge for the same or similar tests made in the community where the official testing station is located.

Section 446.402 Rates or Charges

The following rates or charges for safety inspections of school buses have been determined by the Department to be prima facie just and reasonable rates or charges for the counties indicated. An application for a charge or rate equal to or less than the specified charge or rate will be approved. An application for a charge or rate in excess of the specified charge or rate will be disapproved. If a proposed rate or charge is disapproved by the Section, an applicant may appeal the disapproval to the Director under Section 446.307.

1	Cook, DuPage, Grundy, Kankakee, Kendall, Lake, Will	$26.00
2	Boone, DeKalb, Jo Daviess, Kane, McHenry, Stephenson, Winnebago	$26.50
3	Bureau, Carroll, Fulton, Henderson, Henry, Knox, LaSalle, Lee, Livingston, Marshall, Mercer, Ogle, Putnam, Rock Island, Stark, Warren, Whiteside	$29.00
4	Mason, Menard, Morgan, Peoria, Sangamon, Tazewell, Woodford	$30.00
5	DeWitt, Logan, Macon, McLean	$28.50
6	Adams, Brown, Calhoun, Cass, Greene, Hancock, Jersey, Macoupin, McDonough, Pike, Schuyler, Scott	$27.00
7	Coles, Champaign, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, Vermilion	$31.50
8	Bond, Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery	$32.50
9	Madison, St. Clair	$30.50
10	Jackson, Monroe, Perry, Randolph, Union, Washington	$34.50
11	Alexander, Clark, Crawford, Cumberland, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Johnson, Lawrence, Massac, Pope, Pulaski, Richland, Saline, Wabash, Wayne, White, Williamson	$30.00

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.403 Enforcement

a) The Department upon its own initiative or upon verified complaint of any person may require the operator of an Official Testing Station to appear at a hearing and prove that the rates or charges so filed with the Department are just and reasonable.

b) The procedures in Sections 446.601, 446.602, 446.603, 446.604 and 446.605 shall govern the proceedings under paragraph (a) of this Section.

SUBPART E: HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS

Section 446.501 Request for Hearing

a) If the Department disallows the rates or charges set forth in a schedule which an operator has filed with the Department pursuant to Section 13-106 of the Illinois Vehicle Code and these Rules or any application of an operator to change those rates or charges, the operator may request a hearing upon notification of that disallowance, as provided in Section 446.307.

b) After a petition for hearing, which complies with the requirement of Section 446.307 is received, the Director schedules a hearing for the earliest date.

c) The Director may grant extensions of the time of the commencement of the hearing for good cause shown.

Section 446.502 Notice and Place of Hearing

a) Hearings on petitions filed by operators of Official Testing Stations will be held at either of the offices of the Department at 201 West Center Court, Schaumburg, Illinois or at 1340 North 9^th Street, Springfield, Illinois or at another location designated by the Department.

b) The Department shall give notice of the hearing to the person requesting the hearing and to the Department's Office of Chief Counsel.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.503 Hearings

a) When a hearing is requested and scheduled under Section 446.501, a presiding officer designated by the secretary, convenes and presides over the hearing. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim.

b) The presiding officer may:

1) Administer oaths and affirmations;

2) Adopt procedures for the submission of evidence in written form;

3) Rule on offers of proof and receive relevant evidence;

4) Examine witnesses at the hearings;

5) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;

6) Hold conferences for settlement, simplification of issues, or any other proper purpose; and

7) Take any other action authorized by or consistent with the provisions of this Part and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.

c) The petitioner has the burden of proving the facts alleged in his Petition for Approval of Disallowed Rates, or Petition for Approval of rate change, including proof that the disallowed rate(s) is just an reasonable.

d) The petitioner may offer such relevant information and testimony as may be necessary to fully inform the presiding officer as to the matter concerned, and conduct such cross-examination as may be required for a full disclosures of the facts.

e) The presiding officer shall take into consideration the following factors in addition to any other relevant material prior to issuing a decision.

1) Average length of time to complete a safety test.

2) Average shop rate.

3) Average hourly rates of pay for journeyman mechanics and certified safety testers.

4) The current and/or propose rates and charges.

Section 446.504 Presiding Officer's Decision

After consideration of the evidence of record, the presiding officer may dismiss the petition in whole or in part, and enter an order to that effect. If he does not dismiss it in whole, he will issue and serve on the parties an order approving the rate(s) or change in rate(s) determined by the presiding officer to be just and reasonable. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law and discretion.

Section 446.505 Appeal

A petitioner aggrieved by a presiding officer's decision and order issued under Section 446.504 may file an appeal with the Secretary. The appeal must be filed within ten days of service of the presiding officer's order. A decision by the Secretary is administratively final.

SUBPART F: COMPLAINTS OF UNREASONABLE OR UNJUST RATES

Section 446.601 Notice

a) Whenever the Department upon its own initiative, or upon verified complaint of any person, intends to convene a hearing for the purpose of requiring the operator of an Official Testing Station to prove that the rates filed by that operator are just and reasonable, the Department begins the proceeding by serving a Notice on the operator.

b) The Notice required by paragraph (a) of this section shall include:

1) A statement of the provision(s) of the law and regulations which the operator is believed to be violating;

2) A statement of the factual allegation(s) upon which the Department relies in its belief that the rates and charges filed by this operator are unjust or unreasonable;

3) A statement of the remedial action being sought by the Department;

4) A statement of the operator's right to present written or oral explanations, information or any materials in answer to the allegations;

5) A statement of the operator's right to request a hearing and the procedures for requesting a hearing.

c) The Department may amend a notice issued under this Section at any time before entering of a final order. If an amendment includes any new material allegation of fact, the operator shall be given an opportunity to respond.

Section 446.602 Complaints

a) Whenever any person intends to complain to the Department about the justness or reasonableness of any rate or charge filed by any operator with the Department, that person shall make the complaint in writing and mail or submit it to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9^th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.

b) Each complaint shall include:

1) the name, address and telephone number of the person making the complaint;

2) a statement whether the complainant owns or operates an Official Testing Station, and if applicable, the name, business address and telephone number of that Official Testing Station;

3) the name and, if known, the business address, of the operator against whom the person complains;

4) A description or statement of the rates about which the person complains;

5) a statement setting forth in detail the specific facts and reasons why the person believes the rates about which that person complains are unjust or unreasonable; and

6) any information, document or other matters upon which the person relies.

c) The facts asserted in any complaint must be sworn to by persons having knowledge of those facts. Except under unusual circumstances, those persons should be available to appear as witnesses at a hearing convened by the Department to substantiate the facts asserted should a hearing become necessary.

d) An original copy of the complaint shall be filed with the Department. The original must show the signature, capacity and impression seal, if any, of the person administering the oath, and the date of the oath.

(Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011)

Section 446.603 Reply

a) Within 20 days of the service of a notice issued under Section 446.601, the operator may:

1) File with the Department a sworn statement by which the operator consents to withdraw the contested rate(s) filed by him and states that the operator will not charge any such rate(s) for the matters covered by that rate(s) until the operator files and has approved by the Department a new rate(s), and thereby close the case; or

2) Request a hearing as provided in Section 446.604.

b) The Director may extend the 20-day period for good cause shown.

c) Failure of the operator to reply by taking one of the two actions described in paragraph (a)(1) of this Section within the period provided constitutes a waiver of his right to appear and contest the allegation and authorizes the Director, without further notice to the operator to find the facts to be as alleged in the notice and order the rate(s) in question to be voided.

Section 446.604 Request for Hearing

a) If an operator elects to request a hearing, he shall submit a written request to the Director. The request must:

1) State the name and address of the operator and of the person signing the request if different from the operator;

2) State with respect to each allegation whether it is admitted or denied; and

3) State with particularity the issues to be raised by the operator at the hearing.

b) After a request for hearing which complies with the requirements or paragraph (a) of this Section, the Director schedules a hearing within 60 days.

c) The Director may grant extension of the time of the commencement of the hearing for good cause shown.

Section 446.605 Hearing

Hearings scheduled under Section 446.604 shall be governed by the provisions of Section 446.503.

Section 446.606 Presiding Officer's Decision

After consideration of the evidence of record, the presiding officer may dismiss the notice in whole or in part and enter an order to that effect. If he does not dismiss it in whole, he will issue and serve on the parties an order declaring the rate(s) to be either unjust or unreasonable or both and further declaring the rate(s) to be void. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law and discretion.

Section 446.607 Appeal

Any party aggrieved by a presiding officer's decision and order issued under Section 446.606 may file an appeal with the Secretary. The appeal must be filed within ten days of service of the presiding officer's order. A decision by the Secretary is administratively final.

SUBPART G: MISCELLANEOUS PROVISIONS

Section 446.701 Discovery

Parties participating in hearings conducted under these Rules may obtain discovery pursuant to this Rule regarding any matter not privileged, which is relevant to the subject matter involved in the pending proceeding or appears reasonably calculated to lead to the discovery of admissible evidence, provided that discovery may be had only when the presiding officer, upon his own motion or upon a petition filed by a party, and upon good cause shown, shall have entered an order approving such use. A petition must be filed at least fifteen (15) days prior to the scheduled hearing date.

Section 446.702 Motions

a) Any party to a proceeding may make an application to the presiding officer for an order in the form of a motion.

b) Motions shall be in writing, shall state with particularity the grounds therefor and shall set forth the relief or order sought. The rules applicable to document specifications shall apply to all motions.

Section 446.703 Intervention

a) Any person may intervene by petition in a proceeding involving a petition for approval of a rate change or in a proceeding involving a complaint of unreasonable or unjust rates.

b) A petition for leave to intervene must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether petitioner's position is in support of or opposition to the relief sought. If the proceeding be by formal complaint and affirmative relief is sought by petitioner, the petition should conform to the requirements for a formal complaint.

c) A petition for leave to intervene in any proceeding should be filed prior to or at the time the proceeding is called for hearing, but not after, except for good cause shown.

d) When tendered at the hearing, sufficient copies of a petition for leave to intervene must be provided for distribution as motion papers to the parties represented at the hearing. If leave be granted at the hearing, one additional copy must be furnished for the use of the Department. When a petition for leave to intervene is not tendered at the hearing, the original copy of the petition shall be submitted to the Department together with a certificate that service in accordance with Section 446.204 has been made by petitioner. Any reply in opposition to a petition for leave to intervene no tendered at the hearing must be filed within ten days after service.

e) Leave will not be granted except on averments reasonably pertinent to the issues already presented and which do not unduly broaden them. If leave is granted the petitioner thereby becomes an intervener and a party to the proceeding.