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 1225.250 - Transfer of Authority from One Agent to Another Agent - Death or Disability of Agent

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When an agent takes over another agent (including a change of name of a
				corporation acting as an agent), superseding the former agent as to all the
				former agent's effective tariffs, the transfer shall be accomplished by each
				carrier executing a new power of attorney naming the new agent (and alternate
				when the new agent is an individual) thereafter to serve, and specifically
				canceling the previous power of attorney. (See Section
				1225.255
				for regulations governing these take-over publications.)
b) When a power of attorney has been issued
				to an individual and an alternate, and the death or disability of either the
				principal or alternate agent occurs, new powers of attorney canceling the
				previously effective powers of attorney and naming the agent (and alternate
				when the new agent is an individual) thereafter to serve shall be filed within
				180 days from the date of death or disability. (See Section
				1225.255
				for regulations governing take-over publications.)
c) The new powers of attorney filed pursuant
				to this Section shall bear no effective date. The originals thereof shall not
				be sent directly to the Commission, but shall be forwarded to the principal
				agent named therein. After all the necessary instruments shall have been
				secured, the principal agent shall file the originals with the Commission all
				at one time. Such powers of attorney will become effective upon the date they
				are received by the Commission, regardless of any other date which may have
				inadvertently been shown thereon.
d) If, during the period in which the
				alternate agent is functioning in place of the former principal agent, new
				participating carriers are to be added to the tariffs, the powers of attorney
				from such carriers must name the present alternate agent as principal agent
				together with a new alternate agent. When the permanent take over is made by a
				new agent (which may be the former alternate agent), such powers of attorney
				must be replaced by new ones meeting the requirements of this
				Section.
e) If upon the death or
				disability of the principal agent it is found that the alternate agent named in
				the powers of attorney cannot or will not (by refusal or neglect) take over the
				tariffs, the carriers have the responsibility to seek a new agent and delete
				the old rates under the previous agent. If no take-over by a new agent acting
				for the participants is arranged within 90 days of the Commission's being
				advised of the existence of the situation, the Commission shall strike the
				tariffs from the files of the Commission only when carriers are unable to
				effect the changes on their own. If the tariffs are stricken, the carriers will
				be free to publish their rates elsewhere.