Illinois Administrative Code

Section 1100.50 Extension of Expiration Dates Pursuant to the powers vested in him or her by Public Act 101-640, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020…

Section 1150.10 Definitions For purposes of this Part, the following definitions shall apply: "Facility" – a facility that is owned by the Secretary of State. "Lessee" – a public or private entity or individual requesting to lease parking space or spaces at a Secretary of State f…

Section 1150.20 Leasing of Parking Spaces a) To lease a parking space or spaces at a facility, the lessee must obtain a signed "lease" from the Secretary that stipulates the following terms: 1) General: A) The effective dates of the lease; B) A description of the property to be c…

Section 1201.10 Number of Copies to be Filed Generally Where a document or form (other than a "pleading" as defined in Rules of Practice, 83 Ill. Adm. Code 200) is required to be filed with the Illinois Commerce Commission under the provisions of 92 Ill. Adm. Code: Chapter III, t…

Section 1201.20 Filings by Motor Carriers of Passengers and Rail Carriers When a motor carrier of passengers or a rail carrier is required to file a document or form (other than a "pleading" as defined in Rules of Practice, 83 Ill. Adm. Code 200) under the provisions of 92 Ill. A…

Section 1202.10 Application for Permanent Authority a) Application for permanent authority shall be filed on forms provided by the Commission and must be accompanied by the following: 1) The required fee specified in 92 Ill. Adm. Code 1205; 2) The names and addresses of all shipp…

Section 1202.20 Notice of Application for Permanent Authority a) When public notice of an application is required by the Law, notice shall be given by publication in the "official newspaper" designated by the Department of Central Management Services pursuant to Section 4 of The …

Section 1202.30 Petitions for Leave to Intervene a) Petitions for leave to intervene in opposition to applications under the Law must be filed within 15 days after the publication of the notice of application. b) The petition must allege facts that show that: 1) the petition is f…

Section 1202.40 Temporary Motor Carrier of Property License Application a) Public notice of application for temporary authority shall be published in the official state newspaper and the Certificate of Publication must be received by the Commission no more than 30 days after the …

Section 1202.50 Emergency Temporary Motor Carrier of Property License Application a) Applications for emergency temporary authority shall be filed on forms provided by the Commission and shall be accompanied by: 1) the required fee specified in 92 Ill. Adm. Code 1205; and 2) evid…

Section 1202.60 Application for Temporary Public Carrier Certificate After January 1, 1995, motor carriers of property other than household goods shall file an application with the Commission for a Temporary Public Carrier Certificate. The application shall be on forms provided b…

Section 1203.10 Reservation of Powers to the Commission The Commission reserves to itself for consideration and disposition: a) All rulemaking proceedings; b) All cases involving general rate increases; c) Appeals from employee board orders; and c) All other proceedings not speci…

Section 1203.20 Employee Board Meetings a) All board meetings are public meetings. Board meetings shall be conducted, and employee boards shall decide cases before them, in the same manner as meetings are conducted and decisions made by the Commission. A majority of a board shall…

Section 1203.30 Notice of Employee Board Meetings a) A board shall give public notice of the schedule of its regular meetings at the beginning of each calendar year. This notice shall contain the dates, times and places of each meeting. Public notice of any special meeting, resch…

Section 1203.40 Requests for Evidentiary Hearings An application, petition, or motion (other than a motion for reconsideration) before a board may request either an evidentiary hearing or review solely on the record before the board. If the motion does not contain an express requ…

Section 1203.50 Appeal Motions a) Authority to rule on motions. Only the Commission shall have authority to grant an appeal of any action taken by an employee board. For purposes of this subsection, appeals include motions for reconsideration, petitions to vacate, applications fo…

Section 1206.10 Application of Part to Motor Carrier, Rail & Pipeline Rates This Part shall apply to all rates within the Illinois Commerce Commission's ("Commission") jurisdiction for which an order prescribing the rates is not required, except to the extent that the Commission'…

Section 1206.20 Rate Proceedings a) General Requirements. Any person may challenge a rate filed with the Commission by filing with the Commission a complaint identifying the rate, stating the relief sought, and stating grounds for the granting of such relief. b) Complaint designa…

Section 1206.30 Burden of Proof a) The burden of proof in an investigation and suspension proceeding (proceeding in which a rate is investigated and suspended) shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the …

Section 1207.10 Designating Agents for Service of Process Any person subject to the jurisdiction of the Illinois Commerce Commission ("Commission") under the Illinois Commercial Transportation law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.) shall designate an agent fo…

Section 1207.20 Contents of Designation A completed designation of Agent for Service of Process form or letter of designation must set forth: a) The full, legal name of the person making the designation; b) The mailing address and telephone number of such person; c) The name of t…

Section 1207.30 Application to Rail Carriers A rail carrier which has registered with the Commission pursuant to 92 Ill. Adm. Code 1502 need not separately designate an agent for service of process.

Section 1207.40 Notice of Change A person must notify the Commission of any change in the information listed in Section 1207.20 within 15 days of the change. (Source: Added at 12 Ill. Reg. 10453, effective June 1, 1988)

Section 1230.10 Materials to be Filed a) The following may be filed in lieu of tariffs with regard to transportation for the United States, the State of Illinois, or any municipality or subdivision of this State where it is required by law that the carrier be selected by competit…

Section 1230.20 Compliance Requirements Neither Section 18c-3211 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3211) nor this Part exempts any person from the licensing or other non-rate requirements of the Illinois Commercial Transportati…

Section 1235.10 Applicability This Part applies to proceedings before the Independent Review Board ("Board") resulting from the filing of a motion for reconsideration or rehearing that does not request review by the person or board which made the initial decision.

Section 1235.15 Motions for Reconsideration or Rehearing a) Any party of record to an administrative proceeding before the Illinois Commerce Commission ("Commission") pursuant to the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1101 et s…

Section 1235.20 Replies a) If a motion for reconsideration or rehearing is filed by a party to a proceeding, any other party to the proceeding may file a reply to the motion for reconsideration or rehearing. b) Any reply to a motion for reconsideration or rehearing must be filed …

Section 1235.25 Docketing a) The Director of Processing shall cause motions for reconsideration or rehearing filed with him to be docketed and shall retain the original and forward all other copies of the motion for reconsideration or rehearing to the Secretary of the Board along…

Section 1235.30 Board Action a) The Board shall review all motions presented to it (Section 1204c(2)(c) of the Law). b) The Board may review the record of the proceeding (Section 1204c(2)(c) of the Law). The Board will review the record if the order appealed and motion and any re…

Section 1235.35 Oral Argument a) Requests for oral argument pursuant to Section 18c-1204c(2)(c) of the Law shall be made at the time of filing of a motion for reconsideration or rehearing or in a reply to a motion for reconsideration or rehearing, or the Board, on its own motion,…

Section 1235.40 Grants of Rehearing or Reconsideration a) If the Commission grants rehearing, the Secretary of the Board shall deliver the Board's memorandum of recommendation to the Review and Examination Section or its successors which shall rehear the case pursuant to the memo…

Section 1235.45 Presumptions Commission or Motor Carrier Employee Board orders, or the action or inaction of the Commission, Motor Carrier Employee Board or Commission staff shall be presumed to be correct, and the burden of proof upon all issues raised by a motion for reconsider…

Section 1235.50 Modification or Rescission The Board shall not recommend that an order of the Commission or Motor Carrier Employee Board, or an action or inaction of the Commission, Motor Carrier Employee Board or Commission staff be modified or rescinded unless the Board finds t…

Section 1235.55 Open Meetings Act All meetings of the Board shall be conducted pursuant to the provisions of the Open Meetings Act (Ill. Rev. Stat. 1987, ch. 102, pars. 41.01 et seq.)

Section 1236.10 Reinstatement of Revoked Operating Authority An intrastate common or contract authority which has been voluntarily revoked or which has been revoked by operation of law in accordance with the provisions of Section 18c-1704 of the Illinois Commercial Transportation…

Section 1302.10 Definition of Cab Card/Identifier Each motor vehicle used in for-hire transportation upon the public roads of this State must carry a current, executed (completed) cab card issued by or under the authority of the Illinois Commerce Commission ("Commission") (Ill. R…

Section 1302.100 Revocation of Exemptions under Section 18c-4601(2) of the Law Exemptions granted under Section 18c-4601(2) of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4601(2)) shall be revoked only in accordance with procedures and standards applicable to fee adjustments…

Section 1302.15 Cab Card/Identifier Carrying Requirements a) Cab cards/identifiers shall be executed, carried, or presented in satisfaction of the requirements of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.), this Part…

Section 1302.20 Exemption of Vehicles from Cab Card Requirements a) Intrastate exchange of equipment between licensed carriers. Where a vehicle owned by a licensed intrastate motor carrier of property is leased to another licensed intrastate motor carrier of property, and the veh…

Section 1302.25 Transfer of Cab Card/Identifier a) If a motor carrier of property discontinues the use of a vehicle for which a current interstate cab card/Illinois interstate identifier has been executed and provides a newly-acquired vehicle as a substitute, the carrier can tran…

Section 1302.30 Expiration, Alteration, and Replacement of Cab Card/Identifier a) Each motor carrier of property shall destroy a cab card/identifier immediately upon its expiration. b) Any erasure, alteration, or unauthorized use of a cab card shall render the cab card void. c) I…

Section 1304.10 Fitness Standards The applicant shall present clear and convincing evidence by information contained in the application for authority, personal testimony, and testimony of supporting shippers, that fitness has been established for the issuance of the requested aut…

Section 1306.10 Intrastate Commerce a) "Intrastate Commerce," as defined in Section 18c-1104 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1104), includes: 1) Movements between 2 points in Illinois which precede or follow interstat…

Section 1306.20 Exceptions from Illinois Commerce Commission Jurisdiction Pursuant to Section 18c-4102 of the Law a) "Transportation provided exclusively for the United States Postal Service" means transportation of mail under contract with the United States Postal Service (Ill. …

Section 1307.10 Carrier Identification of Vehicles a) Except as specified in subsection (b), letters and other characters used to comply with the carrier identification requirements of Section 18c-4701 of the Law must be at least 2 inches high and ½ inch wide. Such characters mus…

Section 1307.20 Format The license number of the carrier, as it appears on the sides of the vehicle in compliance with Section 18c-4701 of the Law, must be preceded by "ILL.C.C." and followed by the carrier-type designation ("C," "P," "CP," "PR," or "CPR" as appropriate) as it ap…

Section 1307.5 Applicability of This Part This Part is only applicable to intrastate motor carriers of property. Requirements for identification of interstate motor carriers of property are found in Section 18c-4701 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev.…

Section 1308.10 Unlawful Operations The enumeration of violations in this Part does not constitute an exhaustive listing of all violations of the Illinois Commercial Transportation Law (Law) (Ill. Rev. Stat. 1989, ch. 95½, par. 18c-1101 et seq.) or any individual section thereof.

Section 1308.20 Aiding and Abetting – Rates For purposes of imposing sanctions as authorized by Section 18c-1704(2) through (7) of the Law, a person aids or abets a licensed carrier in a violation of Sections 18c-3206 and 18c-4104(1)(j) of the Law when either: a) The person hires…