Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart C - POWERS OF ATTORNEY, CONCURRENCES, AND TRANSFER OF AGENT FOR MOTOR CARRIERS OF PROPERTY › Section 1225.205 - Forms and Extent of Powers of Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission's Tariff Agent Power of
				Attorney (Individual as Agent) form or its Tariff Agent Power of Attorney
				(Corporation as Agent) form shall be used by a carrier to give authority to an
				agent to publish and file tariffs, including supplements or loose-leaf pages
				thereto, in which such carrier participates.
b) Powers of attorney, if executed without
				modification, confer unlimited authority to publish local rates for the carrier
				issuing the power of attorney and to publish joint rates for such carrier and
				such other carriers as shall have issued the necessary authority.
c) If it is desired to limit the authority
				granted to the agent, the form may be modified by adding at the end of the
				first paragraph the statement as follows, and by stating thereafter the extent
				of the authority granted:
This authority is restricted to the filing of the
				  publications or types of publications set forth below and to the extent
				  shown.
d) Any limitation
				must be a general one and be specifically expressed in the instrument and must
				not depend on actions, circumstances, or managerial decisions not embodied
				therein or determinable therefrom and must not depend on future instructions or
				approvals. Limitations, if any, must be expressed in the instrument in such a
				manner that not only is it clear what authority the agent will have but also
				what authority the agent will not have if certain authority is withheld. For
				example, the instrument may limit the authority of an agent to publication of
				rates from points on the carrier's lines only, to publication of rates to
				points on the carrier's lines only, to publication of either local or joint
				rates or to publication of either class or commodity rates. The instrument may
				not contain limitations that are not general ones - for example, publication of
				specifically named rates, origins, destinations, rules, etc.
e) If it is desired to give to an agent
				authority only for the publication of a classification, a classification
				exceptions tariff, a rules tariff, or any other special kind of tariff, the
				form may be modified in either of two ways. Omit the words "freight tariffs"
				and substitute therefor the word or words, "classification," "classification
				exceptions tariffs," "rules tariffs," etc., or modify so as to authorize the
				publication of any or all of such tariffs, including rate tariffs.
1) If it is desired to limit the authority
				granted to publication of a particular tariff or tariffs, this may be done by
				giving a sufficiently accurate description of the title page of each tariff to
				identify it and by showing the ILLCC designation if known.
2) If it is intended that the authority
				granted shall include reissues of specifically named tariffs, that fact should
				be made clear by adding in the appropriate location "and successive issues
				thereof."