Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

625 ILCS 5/18c-4204a

(625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)

Sec. 18c-4204a.

Fitness standards.

(1) Establishment of administrative
standards.  The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
license.

(2) Statutory standards.  A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
the person:

(a) Is aware of its obligations under this Chapter,

Commission regulations and orders, and other provisions of The Illinois Vehicle Code;

(b) Has substantially complied with applicable

statutes and regulations; and

(c) Possesses the equipment, facilities, financial

resources, knowledge and experience to provide the proposed service and meet the needs of supporting shippers, in compliance with applicable statutes and regulations, on a long-term basis.

(3) Burden of proof in application proceedings.

(a) Temporary authority. Each applicant for

temporary household goods carrier authority shall have the burden of making a prima facie showing of fitness.  The Commission may, in its discretion, deny an application for temporary household goods authority where the applicant's fitness is controverted by specific allegations, under oath, by an intervenor.

(b) Permanent authority. Each applicant for

permanent household goods authority shall have the burden of proving its fitness by clear and convincing evidence.

(c) Findings. The order granting permanent household

goods authority shall contain specific findings, with citation to the record, on each aspect of fitness.

(4) Revocation proceedings.  If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license.  When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked.  A license revoked under this Section shall not be
reinstated.

(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-4206

(625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)

Sec. 18c-4206.

Dual operations.

(1) Dual common/contract operations.
No person shall hold both a household goods common carrier
certificate
and a household goods contract carrier permit unless the
Commission
determines, or has determined, that both licenses may be held
consistent with the public interest and authorizes such dual
licensing.  Issuance of household goods contract carrier
authority
after the effective date of this amendatory Act of 1995 to a
person that
already holds household goods common carrier authority, or vice
versa,
shall be rebuttably presumed inconsistent with the public
interest if the two authorities would be duplicative, in
whole or in part.

(2) Merger of duplicative operating rights.
The Commission may, except as otherwise provided in this
subsection, order that duplicative operating rights, whether
household goods common carrier or household goods
contract carrier or both, be
merged into a single license and may impose such requirements
upon operations under such license as will promote the public
interest and effectuate the purposes of this Chapter.  The power
of the Commission to order merger shall not extend to
duplicative operating rights in existence on the effective
date of this Chapter.

(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-4207

(625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)

Sec. 18c-4207.

Cessation of service under a license.

No household goods carrier shall abandon, discontinue, or suspend any
service
that it is authorized to provide pursuant to a license issued by
the Commission without authorization by the Commission.  If the
Commission finds good cause for the abandonment, discontinuance,
or suspension, it may approve same.  If the Commission finds that
a household goods carrier has abandoned, discontinued, or suspended service
without authorization, it may revoke the carrier's license.

(Source: P.A. 89-444, eff. 1-25-96.)