reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.70 - Permit Application Procedures and Operating Requirements for Official Testing Stations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Upon written request to the CVSS by an applicant for a Permit, the CVSS will
			 furnish to the applicant the required forms and instructions pertaining to the
			 requirements for an Official Testing Station Permit.
b) The completed forms, accompanied by a ten
			 dollar check or money order made payable to: TREASURER, STATE OF ILLINOIS,
			 shall be sent to the CVSS. Such fee is nonrefundable.
c) An application is reviewed to determine if
			 the building configurations, equipment in a lane and personnel (i.e., at least
			 one CST) meet the requirements of this Part. An interim approval is provided in
			 writing pending the proper installation of the equipment (if applicable) (refer
			 to Section
			 451.20(d)
			 for applicability) and verification of the building configurations. A
			 Department employee will inspect the location of the equipment in a lane (refer
			 to Section
			 451.110(x)
			 for location requirements) and the configurations of the building (refer to
			 Sections
			 451.110(b)
			 for the configuration requirements) before the final approval is granted. All
			 safety test equipment must be permanently installed.
d) The applicant shall forward to the CVSS
			 the following photographs. (Lane dimensions are to be included on the
			 photographs' reverse sides.)
1) For a Class
			 "A," "C," "B2" or applicable "D" or "P" OTS: three 8" x 10" photographs. One
			 photograph must show the lane entrance, another must show the lane exit and the
			 third must show the entire testing lane with the installed testing equipment.
			 Include lane dimensions on reverse side of photograph.
2) For a Class "B" or "B1" or applicable "D"
			 or "P" OTS: two 8" x 10" photographs. One photograph must show the lane
			 entrance and another must show the entire testing lane with the installed
			 testing equipment.
3) For a "P" OTS
			 not requiring equipment: two 8" x 10" photographs. One photograph must show the
			 entrance of the OTS where the vehicle being tested will enter and another must
			 show the designated testing area.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.80 - Applicant Qualifications for Official Testing Station Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The individual
			 requesting application must be eighteen years of age.
b) Upon written request to the CVSS by an
			 applicant for a Permit, the CVSS will furnish to the applicant the required
			 forms and instructions pertaining to the requirements for an Official Testing
			 Station Permit.
c) All forms
			 furnished by the CVSS shall be completed correctly by the applicant.
d) All information supplied on the forms will
			 be reviewed by the Department to determine if the building configurations and
			 the testing equipment in a lane meet the necessary requirements of Section
			 451.110
			 to qualify as the type classification requested on the permit application. The
			 Department also verifies that at least one person will become a CST as required
			 in Section
			 451.70(m).
e) Any false information supplied on the
			 forms will nullify the application. The Station Owner may apply again one year
			 after the date of original application.
f) A Permit will immediately be cancelled if
			 any information contained on the application forms or any additional
			 information requested by the CVSS is found to be false. A new application may
			 be completed and filed one year from the date of the cancellation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.90 - Official Testing Station Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Station must be clean and properly
			 maintained so that the Station does not interfere with the operation of the
			 test lane or designated testing area.
b) The Station must be a permanent building
			 constructed so that the test lane or designated testing area is protected from
			 exposure to the weather. The building must have a permanent roof, contiguous
			 permanent walls and a permanent door or doors meeting the height and width
			 requirements of this Part (see Section
			 451.110
			 ). The floor of the building must be a level concrete surface.
c) The building must be located on the
			 Station property so that a vehicle waiting to enter the building shall neither
			 obstruct passing vehicles nor cause unsafe congestion in any alley, street or
			 highway.
d) The vehicular entrance
			 and exit to the Station must neither be obstructed nor can a driveway be
			 constructed to interfere with the free movement of a vehicle either entering or
			 exiting the Station building.
e)
			 The approach to the entrance of the Station lane must be concrete, asphalt or a
			 comparable hard surfaced material with minimum dimensions of six feet in length
			 and as wide as the entrance door.
f) Failure to meet any of the requirements of
			 this Section will nullify the application until all requirements are
			 met.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.120 - Responsibilities of Official Testing Station Owner

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner shall require all CSTs to comply
			 with this Part.
b) The owner shall
			 be responsible for all practices and procedures in the Station, including, but
			 not limited to, any certified or non-certified personnel allowed to perform
			 vehicle safety tests while in the employ, direction or control of the owner.
			 The owner is responsible for all safety test practices and procedures in the
			 Station, regardless of whether the owner has knowledge or approves of such
			 practices and procedures.
c) The
			 Station owner is responsible for his own conduct and behavior and that of his
			 station's employees. No station owner or employee shall harass or intimidate
			 any officer of the Department.
d)
			 No Station owner shall allow the rates charged to be more or less than the
			 scheduled rates approved by the Department and posted at the OTS. If a rate
			 increase has been approved by the CVSS, the higher rate cannot be charged until
			 the new fee schedule has been posted at the OTS.
e) No Station owner shall allow any repairs
			 or adjustments to be initiated without the express permission of the vehicle
			 owner or driver. Station owners shall only allow labor charges to be assessed
			 for specific mechanical work performed.
f) No Station owner shall allow any
			 additional administrative charges (e.g., billing charges) to be assessed
			 against the vehicle owner or driver.
g) Nothing in this Section shall be construed
			 to mean that any adjustment, correction or repair must be made at the Station
			 performing the safety test.
h) It
			 shall be the owner's responsibility to notify the CVSS immediately of any
			 change in ownership, business name, location or status. Such changes include
			 incorporation of the firm, change in corporate officers or dissolution of
			 partnership or corporation. Any such change without immediate notification
			 shall automatically cancel the existing Permit.
i) The owner of an Official Testing Station
			 shall notify the CVSS in writing when he or his employees wish to make
			 application to become a CST. The letter of request must include the
			 applicant's:
1) Full name;
2) Date of birth;
3) Driver's license number; and
4) Photo which measures at least two inches
			 by two inches but no more than three inches by three inches.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.130 - Responsibilities of Certified Safety Tester

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons interested in becoming a Certified
			 Safety Tester (CST) must meet the following requirements:
1) Be at least eighteen years of age;
			 and
2) Possess a valid driver's
			 license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.140 - Certificate of Safety

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Certificates of Safety shall be affixed to second division vehicles and
			 applicable first division vehicles (i.e., rebuilt vehicles and driver education
			 training cars) as a result of passing the prescribed safety test (see Section
			 451.Appendices A, B, C, D and 92 Ill. Adm. Code 396 and 448 for testing
			 procedures).
b) Certificates of
			 Safety remain the property of the State of Illinois and can be seized when
			 Official Testing Stations are in violation of this Part.
c) Certificates of Safety at Public and
			 Private Official Testing Stations shall be subject to inspection by Department
			 personnel at any time listed in Section
			 451.70(1)(1)(B).
d) Certificates of Safety shall comply with
			 the following physical description:
1) Change
			 color with every six month testing cycle (except rebuilt vehicle and interstate
			 (annual) certificates);
A) Rebuilt vehicle
			 certificates never change color. They are issued only once.
B) Interstate (annual) certificates change
			 color every year.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.160 - Official Testing Station Forms, Records and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following forms, records, supplies and
			 reports which are required for the operation of an Official Testing Station
			 shall be prescribed and furnished by the CVSS:
1) VIR-1 - Vehicle Inspection
			 Report
2) VIR-2 School Bus -
			 Vehicle Inspection Report
3)
			 SVI-1241-1 - Lost or Stolen Certificate Report
4) SVI-1280 - Defective, Mutilated or
			 Replacement Certificate of Safety Report
5) GVI-R075 - Certificate of Safety
			 Requisition Form
6) SVI-1274 -
			 Requisition form for all supplies, including Certificates of Safety. Receipt
			 for Certificates of Safety.
7) VIR
			 Mailers - Envelopes used to return top copy of VIR to the Department for
			 tabulation. Do not use these envelopes for any other purposes. School bus VIRs
			 must be returned to the Department in school bus mailers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 453 - SPECIFICATIONS FOR SEAT SAFETY BELTS › Section 453.20 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to the front seat safety belts of a first division vehicle with a model
			 year of 1965 or later sold in Illinois. (Ill. Rev. Stat. 1991, ch. 951/2, par.
			 12-603(a)) [625 ILCS
			 5/12-603(a) ]
b) This Part applies to the front seat safety
			 belts of a first division vehicle which is titled or licensed by the Secretary
			 of State and which has a model year of 1961 or later operated in Illinois.
			 (Ill. Rev. Stat. 1991, ch. 951/2, par. 12-603(b)) [625 ILCS
			 5/12-603(b) (1992) ]
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 453 - SPECIFICATIONS FOR SEAT SAFETY BELTS › Section 453.30 - Incorporation by Reference of 49 CFR 571

Current through Register Vol. 48, No. 28, July 12, 2024
The Federal Motor Vehicle Safety Standards Nos. 209 (Seat Belt
				Assemblies) and 210 (Seat Belt Assembly Anchorages) are incorporated by
				reference, as those parts of the federal regulations were in effect on October
				1, 1991. No later amendments to or editions of
				49 CFR
				571.209 and
				571.210
				are incorporated.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.10 - General Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope of Rules. These rules prescribe the requirements of the Illinois
				Department of Transportation governing the rates to be charged for safety tests
				of second division vehicles other than school buses and prescribes 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 second
				division vehicles other than school buses, even though safety tests of school
				buses are conducted.
c) References.
				These rules shall be referred to as the "Rules on Rates".
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.20 - Information; Special Instructions

Current through Register Vol. 48, No. 28, July 12, 2024
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 9th Street,
				  P.O. Box 19212, Springfield, Illinois 62794-9212.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.30 - Communications and Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				How Addressed. All communication and pleadings should, unless otherwise
				specifically directed, be addressed and submitted to: Director, Division of
				Traffic Safety, Illinois Department of Transportation, 1340 North
				9th Street, P.O. Box 19212, Springfield, Illinois
				62794-9212. All communications 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, if any, 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) Disposition; When Defective. In any
				proceeding 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 it for filing and advise the person tendering
				it of the deficiency and require that the deficiency be corrected.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.40 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"Code" means the Illinois Vehicle Code [625 ILCS 5 ].
"Commercial Vehicle Safety 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 second division vehicle or vehicles other than 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.
"Second Division Vehicle" means those vehicles which are
				  designed for carrying more than 10 persons, those designed or used for living
				  quarters and those vehicles which are designed for pulling or carrying
				  property, freight or cargo, those motor vehicles of the First Division
				  remodelled for use and used as motor vehicles of the Second Division, and those
				  motor vehicles of the First Division used and registered as school buses.
				  (Section 1-217 of the Code)
"Secretary" means the Secretary of the Illinois Department of
				  Transportation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.50 - Rules of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				these Rules unless the context requires 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.60 - Regulatory Dockets

Current through Register Vol. 48, No. 28, July 12, 2024
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
				9th 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 454.70 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 454.110 - Typographical Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided, all documents shall be
				  typewritten or reproduced from typewritten copy on unglazed white paper
				  measuring 81/2" 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 shall be single-spaced and
				  indented. Lengthy documents should be accompanied by an index. Failure to
				  observe these specifications may result in rejection.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 454.120 - Copies

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 454.130 - Time

Current through Register Vol. 48, No. 28, July 12, 2024
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. A half holiday shall not be
				considered as 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. A half holiday
				shall not be considered as a holiday.
c) Modification. Any time period may, upon
				request and for good and sufficient cause, be modified by the Director in his
				discretion. Request for extensions of 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 454.140 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.200 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
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 second division vehicle other than a
				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 an 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.210 - Application for Rate Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 vehicles other than school buses and for which he or she seeks the approval
				of the Department. Each application made under this subsection (a) shall be
				filed by the applicant after he or she submits the application for a station
				permit pursuant to 92 Ill. Adm. Code 451, Administrative Requirements for
				Official Testing Stations, but prior to the issuance of the station permit by
				the Department. The applicant shall submit his or her proposed schedule on the
				form provided by the Department by mailing or delivering that form to: Bureau
				of Safety Programs, Illinois Department of Transportation, 1340 North
				9th Street, P.O. Box 19212, Springfield, Illinois
				62794-9212.
b) A schedule of rates
				and charges filed with the Department under subsection (a) 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.220 - Initial Application Review

Current through Register Vol. 48, No. 28, July 12, 2024
In the case of an application for rate approval under Section
				  454.210,
				  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
				  454.230.
				  If an application is returned, the applicant will be informed in what respects
				  the application is incomplete.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.230 - Processing of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				and all rates and charges to be made by an operator of an Official Testing
				Station for performing a safety test on second division vehicles other than
				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
				454.210.
c) If the Section determines 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 that the rates and charges proposed are just and reasonable, it
				grants the application and notifies the applicant in writing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.240 - Withdrawal

Current through Register Vol. 48, No. 28, July 12, 2024
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
				docket or files of the Division.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.250 - Application for Rate Change

Current through Register Vol. 48, No. 28, July 12, 2024
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 inspection on vehicles other than school
				buses.
b) Applications under
				subsection (a) shall be submitted on the form provided by the Department by
				mailing or delivering that form to: Bureau of Safety Programs, Illinois
				Department of Transportation, 1340 North 9th Street,
				P.O. Box 19212, Springfield, Illinois 62794-9212.
c) Applications under this Section shall
				initially be reviewed as provided in Section
				454.220
				and processed as provided in Section
				454.230.
d) Withdrawals of applications under this
				Section shall be governed by Section
				454.240.
e) If a proposed change in an applicant's
				rate or charge is disallowed or denied by the Commercial Vehicle Safety
				Section, an applicant may file a written petition under Section
				454.260. All hearings
				scheduled under this subsection (e) shall be conducted in accordance with the
				provisions of Sections
				454.400
				through
				454.440.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 454.260 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
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 the 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart D - LEVEL OF RATES OR CHARGES › Section 454.300 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				and all rates or charges made by an operator of an Official Testing Station for
				performing a safety test for a second division vehicle other than a school bus
				shall be just and reasonable.
b) A
				rate or charge is "just and reasonable" if it is the same, or nearly the same,
				as the prevailing rate or charge for the same or similar test made in the
				community where the Official Testing Station is located.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart D - LEVEL OF RATES OR CHARGES › Section 454.310 - Rates or Charges

Current through Register Vol. 48, No. 28, July 12, 2024
The following rates or charges for safety inspections of
				  vehicles other than school buses have been determined by the Department to be
				  prima facie just and reasonable rates or charges for the counties indicated.
				  Any existing charge or rate that has previously been approved by the Department
				  is acceptable. An application for a future charge or rate in excess of the
				  specified charge or rate will be disapproved. If a proposed rate or charge is
				  disapproved by the Commercial Vehicle Safety Section, an applicant may appeal
				  the disapproval to the Director under Section
				  454.260. The following
				  rates or charges do not include the Certificate of Safety fee.
RATES
Region
Counties
SWA*
DWA**
1
Cook, DuPage, Grundy, Kankakee, Kendall, Lake,
							 Will
$11.00
$11.50
2
Boone, DeKalb, Jo Daviess, Kane, McHenry, Stephenson,
							 Winnebago
$10.00
$10.50
3
Bureau, Carroll, Fulton, Henderson, Henry, Knox,
							 LaSalle, Lee, Livingston, Marshall, Mercer, Ogle, Putnam, Rock Island, Stark,
							 Warren, Whiteside
$8.50
$9.00
4
Mason, Menard, Morgan, Peoria, Sangamon, Tazewell,
							 Woodford
$9.50
$10.00
5
DeWitt, Logan, Macon, McLean
$9.50
$9.50
6
Adams, Brown, Calhoun, Cass, Greene, Hancock, Jersey,
							 Macoupin, McDonough, Pike, Schuyler, Scott
$8.00
$8.50
7
Coles, Champaign, Douglas, Edgar, Ford, Iroquois,
							 Moultrie, Piatt, Shelby, Vermilion
$9.00
$9.50
8
Bond, Christian, Clay, Clinton, Effingham, Fayette,
							 Jasper, Marion, Montgomery
$9.00
$10.00
9
Madison, St. Clair
$10.00
$10.50
10
Jackson, Monroe, Perry, Randolph, Union,
							 Washington
$9.50
$10.00
11
Alexander, Clark, Crawford, Cumberland, Edwards,
							 Franklin, Gallatin, Hamilton, Hardin, Jefferson, Johnson, Lawrence, Massac,
							 Pope, Pulaski, Richland, Saline, Wabash, Wayne, White, Williamson
$8.00
$8.50
*
SWA - Single wheel axle
**
DWA - Double wheel axle
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart D - LEVEL OF RATES OR CHARGES › Section 454.320 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
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 procedure in
				Sections
				454.500 -454.560 shall
				govern the proceedings under paragraph (a) of this Section.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 454.400 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the Department disallows any or all 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 any or all of those rates or charges, the operator may request a hearing
				upon notification of that disallowance, as provided in Section
				454.260.
b) After a petition for hearing, which
				complies with the requirements of Section
				454.260 is received, the
				Director schedules a hearing for the earliest practicable date.
c) The Director may grant extensions of the
				time of the commencement of the hearing for good cause shown.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 454.410 - Notice and Place of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
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
				9th Street, Springfield, Illinois or at another
				location designated by the Department.
b) The Department shall, as soon as possible,
				give notice of the hearing to the person requesting the hearing and to the
				Department's Office of Chief Counsel.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 454.420 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a hearing
				is requested and scheduled under 92 Ill. Adm. Code
				454.400, 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 affirmation;
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 hearing;
5)
				Convene, recess, reconvene, adjourn and otherwise regulate the course of the
				hearing;
6) Hold conferences for
				settlement, simplification of the 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 454.430 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 454.440 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
A petitioner aggrieved by a presiding officer's decision and
				  order issued under Section
				  454.430
				  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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.500 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
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 allegation;
5) A statement of the operator's right to
				request a hearing and the procedures for requesting a hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.510 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
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:
				Bureau of Safety Programs, Illinois Department of Transportation, 1340 North
				9th 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 is unjust or unreasonable; and
6) any information, document or other matters
				upon which the person relies.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.520 - Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 20 days
				of the service of a notice issued under Section
				454.500, 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
				454.530.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.530 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.540 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings schedules under Section
				  454.530 shall
				  be governed by the provisions of Section
				  454.420.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.550 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 454.560 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Any party aggrieved by a presiding officer's decision and
				  order issued under Section
				  454.550
				  may file an appeal with the Secretary. The appeal must be filed within ten days
				  of service of the presiding officer's order. The filing of an appeal stays the
				  effectiveness of the order. A decision by the Secretary is administratively
				  final.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart G - MISCELLANEOUS PROVISIONS › Section 454.600 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
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. Such petitions must be filed in
				  sufficient time to allow for the filing of replies and for consideration by the
				  presiding officer without requiring the postponement of any established date
				  for hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 454 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR VEHICLES OTHER THAN SCHOOL BUSES › Subpart G - MISCELLANEOUS PROVISIONS › Section 454.610 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
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.