625 ILCS 5/18c-3204
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 18c - Illinois Commercial Transportation Law

 (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:(i) Seven months for public carriers and         household goods common carriers;(ii) One hundred and twenty days for motor         carriers of passengers; and(iii) Five months for rail carriers, unless the         period is extended for an additional 3 months in accordance with provisions of the Interstate Commerce Act.(b) Suspension of schedules. The Commission may     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.(c) Burden of proof in investigation proceedings. The     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.(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     tariff or file notice of cancellation of the schedule, in whole or in part;(b) Publish and file a new tariff or file a new     schedule containing rates and provisions prescribed by the Commission; and(c) Repay any overcharges or collect any     undercharges, and, except with regard to household goods carriers, pay reparations.    (Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff. 7-1-97.)