reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1435 - SANCTIONS INCLUDING SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES AND/OR THE ASSESSMENT OF CIVIL PENALTIES › Section 1435.20 - Initiation of Enforcement Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) An enforcement proceeding shall be
			 initiated by the issuance of a Complaint which shall set forth the alleged
			 violations of the Law. The Complaint shall be served on the respondent by
			 certified mail, return receipt requested, at the last address known to the
			 Commission, or by personal service if the respondent is not licensed by the
			 Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the
			 date of service of the Complaint to file a responsive pleading with the
			 Commission. Failure to respond within the specified time shall result in the
			 matter being set for hearing. Notice of the time, date and place for the
			 hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of
			 this Section shall be conducted in accordance with 83 Ill. Adm. Code 200 (Rules
			 of Practice) and with the provisions of Section 18c-1704 of the Law.
d) Respondent's failure to appear at a
			 hearing or otherwise respond to a complaint shall constitute a waiver of the
			 respondent's right to contest the alleged violation(s). Commission staff shall
			 present evidence in support of its allegations and the Commission is
			 authorized, without further notice or hearing, to make findings and may
			 forthwith order the imposition of sanctions including, where applicable, the
			 assessment of a civil penalty.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1435 - SANCTIONS INCLUDING SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES AND/OR THE ASSESSMENT OF CIVIL PENALTIES › Section 1435.40 - Respondent's Reply - Failure to Appear at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Respondent's failure to appear at a hearing or otherwise
				respond to a citation shall constitute a waiver of the respondent's right to
				contest the alleged violation(s). Commission staff shall present evidence in
				support of its allegations and the Commission is authorized, without further
				notice or hearing, to make findings and may forthwith order the imposition of
				sanctions including, where applicable, the assessment of an appropriate civil
				penalty.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1435 - SANCTIONS INCLUDING SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES AND/OR THE ASSESSMENT OF CIVIL PENALTIES › Section 1435.50 - Civil Penalties - Method of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Commission assesses a civil penalty under this
				Part:
a) Payment of the civil penalty
			 shall be made by certified or cashier's check, money order, or in installments
			 by the foregoing means after execution of a promissory note containing an
			 agreement for judgment.
b) All
			 remittances shall be made payable to the Illinois Commerce Commission and sent
			 to Fiscal Control, Illinois Commerce Commission, 527 East Capitol Avenue,
			 Springfield, Illinois 62706.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1435 - SANCTIONS INCLUDING SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES AND/OR THE ASSESSMENT OF CIVIL PENALTIES › Section 1435.60 - Commission Order After Hearing - Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
If, within 30 days after the service of an order assessing a
				civil penalty, the respondent has failed to file a Petition for Reconsideration
				under Section 67 of the Illinois Public Utilities Act, as adopted by Section
				18-900 of the Law, or otherwise fails to take a timely appeal, and has not
				followed the provisions of Section
				1435.50
				of this Part, the case shall be referred to the Attorney General with a request
				that an appropriate action to collect the penalty be brought in the applicable
				circuit court.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1440 - GUIDELINES FOR THE ASSESSMENT OF PENALTIES (GENERAL ORDER 55 (MC)) › Section 1440.10 - Guidelines in the Assessment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The following guidelines shall be observed in the assessment of
				civil penalties.
a) The Standard of
			 Lack of Mitigating Circumstances
In both situations set forth below, it shall be the burden of
				the respondent to establish a reason why the civil penalty should be
				mitigated.
1) The violation's
			 occurrence was attributable to causes beyond respondent's control.
2) The violation's occurrence was
			 attributable to action by the Commission which precluded compliance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1440 - GUIDELINES FOR THE ASSESSMENT OF PENALTIES (GENERAL ORDER 55 (MC)) › Section 1440.20 - Procedure for Determining Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons found to have committed one or
			 more violations for which civil penalties may be assessed shall be entitled to
			 have such civil penalties determined in accordance with the following
			 procedure.
1) A numerical value of from 0 to
			 5 shall be assigned to each of the following factors:
A) the standard of lack of mitigating
			 circumstances;
B) the standard of
			 lack of good faith or intent;
C)
			 the standard of ability to pay;
D)
			 the degree of harm to the public - extent of violative conduct;
E) the financial benefit accruing to the
			 respondent.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart A - APPLICATIONS › Section 1457.10 - Application for Temporary Household Goods Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application for temporary household goods
				authority shall be filed on forms provided by the Commission.
b) Public notice of application for temporary
				household goods 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 application has been filed. The published notice must
				include the docket number assigned to the application by the
				Commission.
c) An application for
				temporary authority cannot be filed unless an application for permanent
				authority has been filed or is filed concurrently with the application for
				temporary authority.
d) The
				applicant shall have 60 days from the issuance of the order granting a
				temporary authority to file the following with the Commission:
1) Rates applicable to the full extent of the
				grant of temporary authority;
2) If
				applicable, proof of insurance as required in compliance with the Workers'
				Compensation Act [820 ILCS 305 ];
3) Proof of liability insurance, and any
				cargo and C.O.D. affidavits or bonds/insurance required; and
4) Payment of franchise fees for each truck
				to be operated under the temporary authority.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart A - APPLICATIONS › Section 1457.20 - Notice of Application for Permanent Household Goods Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) When public
				notice of an application is required by the Illinois Commercial Transportation
				Law (Law) [625 ILCS 5 ], notice shall be given by publication in the "official
				newspaper" designated by the Department of Central Management Services. The
				notice must state the docket number assigned by the Commission and must be on
				the publication of notice form provided by the Commission.
b) An applicant shall be directed to
				republish notice of an application when the original publication failed to give
				notice to the public of the nature and extent of the proposed operations or
				when the publication was not in compliance with the Section.
c) Each applicant shall obtain from the
				official newspaper a certificate of publication certifying that the notice has
				been published and showing the contents of the notice and the date of
				publication. The applicant shall file the certificate with the Commission. A
				hearing on the application shall not commence until the certificate of
				publication has been filed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart A - APPLICATIONS › Section 1457.30 - Petitions for Leave to Intervene

Current through Register Vol. 48, No. 28, July 12, 2024
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 filed within 15 days
				after the publication of the notice of application.
2) The petitioner has standing to intervene
				pursuant to Section 18c-2106 of the Law [625
				ILCS 5/18c-2106 ].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart A - APPLICATIONS › Section 1457.40 - Application For Permanent Household Goods Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application for permanent household goods
				authority shall be filed on forms provided by the Commission and must be
				accompanied by the following:
1) The required
				fee specified in Subpart Q;
2) The
				names and addresses of all shippers who intend to support the
				application;
3) If an Illinois
				corporation, a copy of the articles of incorporation, or, if a foreign
				corporation, the certificate of authority to do business in Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart A - APPLICATIONS › Section 1457.50 - Emergency Temporary Household Goods Authority Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for
				emergency temporary household goods authority shall be filed on forms provided
				by the Commission and shall be accompanied by:
1) The required fee specified in Subpart Q;
				and
2) Evidence that an urgent and
				immediate public need exists for the requested service.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart A - APPLICATIONS › Section 1457.60 - Transfer of Permanent Household Goods Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application for Transfer of Permanent
				Household Goods Authority Generally
1) Except
				as otherwise provided in this Part, transfers are hereby provided for to the
				extent permitted under Section 18c-4306 of the Law.
2) Every transfer application shall be on the
				Illinois Commerce Commission's (Commission) Transfer Application
				Form.
3) In all transfers allowed
				under this Part, whether hearing or non-hearing, the authority transferred
				shall be converted from a permanent household goods authority to a temporary
				household goods authority subject to the requirements of Section
				1457.10
				and Subparts B and C of this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart B - FITNESS STANDARDS › Section 1457.80 - Requirements to Show Fitness

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall present clear and convincing evidence
				  that fitness has been established for the issuance of the requested
				  authority.
a) In determining whether
				the applicant is fit to operate as a household goods carrier, the Illinois
				Commerce Commission shall require proof of the following factors:
1) The applicant has attended a seminar
				regarding this Part conducted or approved by the Commission's Compliance
				Advisory Service;
2) The applicant
				has obtained a 75% or better passing grade on a written test administered by
				the Commission that tests the applicant's knowledge of this Part related to the
				requested authority.
A) The applicant may not
				take this test more than once in any seven day period;
B) An applicant may not have more than one
				partner or controlling stockholder take this test in any seven day
				period;
3) The applicant
				possesses, or can acquire, equipment and facilities of a type required for the
				transport of household goods as evidenced by a description, submitted with the
				application, of the equipment to be used by the applicant in the conduct of
				intrastate transportation (which shall include equipment that is currently
				owned by the applicant, leased by the applicant, or is to be otherwise acquired
				by the applicant);
4) The applicant
				has established a safety, training, and maintenance program, including any
				policies regarding traffic citations issued against drivers and any
				refresher/remedial training courses required of drivers;
5) The financial condition of the applicant
				as represented by the completed financial statement (Supporting Document FIS,
				consisting of balance sheet and projected income statement) included with the
				application. Evidence will be required at hearing to corroborate the
				information provided in the financial statement with the information in the
				shipper support statements;
6)
				Required insurance coverage on file with the Commission including, where
				applicable, insurance in compliance with the Workers' Compensation Act [820
				ILCS 305 ].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart B - FITNESS STANDARDS › Section 1457.90 - Continued Fitness Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Personnel Standards
1) No household goods carrier shall permit
				any driver, helper, and/or packer to be used in the transportation of any
				household goods shipment or in the performance of accessorial services unless
				that person is trained in the movement of household goods.
2) No household goods carrier shall knowingly
				permit drivers, helpers and/or packers to go on duty who are under the
				influence of alcoholic beverages or liquors of any kind, or narcotics, or
				habit-forming drugs not prescribed by a physician. Nor shall the use of these
				substances be allowed while the employees are on duty. Knowledge by the carrier
				is deemed to exist if known to the foreman or other manager of the
				crew.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.100 - Licenses Conditioned upon Compliance with Insurance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A license or registration issued by the Illinois Commerce
				  Commission to a household goods carrier has force and effect only while the
				  carrier is in compliance with requirements for the filing of proof of insurance
				  or bond coverage.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.110 - Proof of Insurance or Bond Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois Commerce Commission
				incorporates by reference 49 CFR 1023.51 through 1023.65, 1023.71, 1023.72, and
				1023.81 as of December 1, 1986, no later amendments or editions included, as
				its regulations governing the filing of proof of insurance or bond coverage of
				cancellation, except as otherwise provided in this Part.
b) The filing of proof of insurance or bond
				coverage shall constitute acceptance of the minimum terms required by this Part
				or by statute and shall bind the insurance company.
c) Coverage shall remain in effect until a
				cancellation form is filed with the Commission or the coverage is cancelled by
				the filing of a subsequent form E or H certificate of insurance.
d) Regulated interstate motor carriers of
				property that use Illinois as their registration state shall file a copy of
				public liability and property damage insurance or bond coverage that is filed
				with the Federal Motor Carrier Safety Administration in accordance with the
				provisions of Section 11506 of the Interstate Commerce Act ( 49 USC 11506
				).
e) For Illinois domiciled
				carriers, and for Illinois licensed intrastate carriers, regardless of
				domicile, coverage shall be executed by an admitted insurance company
				authorized under the laws of the State of Illinois to deliver commercial
				insurance contracts within the State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.120 - Public Liability and Property Damage Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
The minimum amounts of public liability and property damage
				  insurance coverage required of all household goods carriers shall be the
				  amounts required by 49 CFR 1043.2, November 13, 1990, "Security for the
				  protection of the public: Minimum limits", no later amendments or editions
				  included.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.130 - Cargo Damage Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				minimum amounts of cargo damage coverage required of all motor common carriers
				of property shall be as required by the provisions of 49 CFR 1043.2(c),
				November 13, 1990, except as specified in subsection (b) below.
b) Waiver of Requirement. A household goods
				carrier may be excused from the requirement of filing proof of cargo insurance
				if:
1) The carrier has filed with the
				Commission a completed copy of the Commission's Cargo Insurance Waiver
				Affidavit form stating that the carrier will not, at any time, carry in any
				vehicle cargo with a value exceeding $5,000; and
2) The carrier advises each shipper in
				writing, prior to rendition of the service, that it does not carry the minimum
				level of cargo insurance. The burden of proving compliance with this latter
				requirement shall be on the carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.140 - Collect On Delivery (C.O.D.) Bond Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The minimum amount of C.O.D. insurance or
				bond coverage required of a household goods carrier for each shipper or
				consignee for failure of the carrier to remit payment of C.O.D. monies is
				$10,000.
b) Waiver of requirement.
				A household goods carrier may be excused from the requirement of filing proof
				of C.O.D. insurance or bond coverage if:
1)
				The carrier has filed with the Commission a completed copy of the Commission's
				C.O.D. Bond Waiver Affidavit form stating that the carrier will not, at any
				time, accept a C.O.D. shipment; and
2) The carrier advises each shipper in
				writing, prior to rendition of the service, that it does not accept C.O.D.
				shipments. The burden of proving compliance with this latter requirement shall
				be on the carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.150 - Shipper Valuation Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) A household goods carrier's liability for
				loss or damage in the absence of a shipper's release, except as provided in
				subsection (b) is limited to the greater of:
1) Two dollars per pound per shipment times
				the weight of the shipment in pounds; or
2) The lump sum value declared in writing by
				the shipper.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart C - INSURANCE OR BOND COVERAGE › Section 1457.160 - Shipper Insurance Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) Advertisement of Shipper Insurance.
1) Limited risk insurance. A household goods
				carrier, or its employee, agent, or representative, shall not advertise or
				represent to the public that insurance is provided against all risks, unless
				its insurance in fact affords protection to the shipper from every peril to
				which the shipment shall be exposed. When all except certain risks are insured
				against, this fact shall be indicated in any advertisement and in any
				representations to shippers regarding the insurance. Such advertising and
				representations shall not deceive or mislead the public or any shipper
				regarding the scope of the exceptions. Policies providing coverage against
				specific perils only shall be advertised, represented, and designated as
				"limited-risk" policies or by some other appropriate designation that indicates
				clearly to the shipper that not all risks are covered.
2) Prerequisites to advertising insurance. No
				household goods carrier or employee, agent or representative, shall sell, or
				offer to sell, or procure for any shipper, any kind of insurance covering the
				loss of or damage to household goods to be transported by the carrier unless
				the carrier is in full compliance with the requirements of Article XXXI of the
				Illinois Insurance Code and the rules implementing Article XXXI regarding
				licensing as a condition precedent to the sale of insurance (50 Ill. Adm. Code
				3101 through 3150).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart D - SELF-INSURANCE › Section 1457.200 - Effect of Qualification as Self-Insurer

Current through Register Vol. 48, No. 28, July 12, 2024
A carrier that has been authorized by order of the Commission
				  to act as a self-insurer is not required to file proof of insurance or bond
				  coverage under this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart D - SELF-INSURANCE › Section 1457.210 - Minimum Requirements for Self-Insurers

Current through Register Vol. 48, No. 28, July 12, 2024
The minimum requirements for a carrier to qualify and
				  continue to act as a self-insurer are:
a) Net worth of:
1) $500,000, if the carrier operates less
				than 25 vehicles;
2) $750,000, if
				the carrier operates from 25 to 100 vehicles; and
3) $1,000,000, if the carrier operates more
				than 100 vehicles.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart D - SELF-INSURANCE › Section 1457.220 - Reports to be Filed by Self-Insurers

Current through Register Vol. 48, No. 28, July 12, 2024
Each household goods carrier authorized to be a self-insurer
				  shall file a report with the Commission, not later than the 20th day of each
				  calendar quarter, listing all accidents, injuries, and fatalities arising out
				  of each carrier's operations within the State of Illinois and claims filed
				  against the carrier of the type for which the carrier is a self-insurer, which
				  have occurred or been filed during the reporting period. The quarterly reports
				  shall also state whether the carrier continues to meet the qualifications for
				  self-insurers listed in Section
				  1457.210.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart D - SELF-INSURANCE › Section 1457.230 - Revocation of Authorization to be a Self-Insurer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever, after inspection of reports
				filed pursuant to Section
				1457.220,
				the Commission finds that a carrier no longer meets the minimum requirements of
				Section
				1457.210
				for self-insurance, the Commission shall institute a proceeding pursuant to 83
				Ill. Adm. Code 200 to suspend or revoke the carrier's authorization to be a
				self-insurer.
b) If a carrier fails
				to file the reports required by Section 1457.220, the Commission shall
				institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke
				the carrier's authorization to be a self-insurer.
c) Based upon the accident information
				supplied in the reports filed pursuant to Section 1457.220, the Commission may
				institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke a
				carrier's authorization to be a self-insurer.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart D - SELF-INSURANCE › Section 1457.240 - Reinstatement

Current through Register Vol. 48, No. 28, July 12, 2024
A carrier that has had its authorization to be a self-insurer
				  suspended or revoked may petition the Commission pursuant to 83 Ill. Adm. Code
				  200 for reinstatement of its status as a self-insurer. A carrier shall be
				  reinstated if it has remedied the grounds for the suspension or
				  revocation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart E - RESOLUTION OF HOUSEHOLD GOODS DISPUTES › Section 1457.300 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart implements the Illinois General Assembly's
				  charge to the Commission in P.A. 89-444 to specify procedures for resolving
				  disputes between household goods carriers and shippers. The provisions of this
				  Subpart are intended to establish a program that provides a fair, fast, and
				  inexpensive means of resolving the disputes that inevitably arise between
				  household goods carriers and their shippers, and they shall be interpreted and
				  applied to that end.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart E - RESOLUTION OF HOUSEHOLD GOODS DISPUTES › Section 1457.310 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Subpart:
"Arbitration" means the process by which a dispute, which has
				  been voluntarily submitted by a shipper to the Commission for resolution, is
				  decided.
"Carrier" or "household goods carrier" means a person or
				  entity that engages in the for-hire intrastate transportation of household
				  goods.
"Dispute" means a disagreement between a shipper and a
				  carrier relating to the propriety of charges for the services rendered, or loss
				  of or damage to lading from the loading, unloading, or transportation of the
				  lading.
"Household goods" means the personal effects and property
				  used or to be used in a dwelling, when a part of the equipment or supply of
				  such dwelling.
"Mediation" means the informal process, voluntarily agreed to
				  by the shipper, by which a carrier and shipper attempt to achieve a mutually
				  satisfactory resolution of a dispute with the assistance of a
				  Commission-appointed mediator acting as a neutral, impartial, third
				  party.
"Shipper" means a person who utilizes the services of a
				  carrier for the collect-on-delivery transportation of household
				  goods.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart E - RESOLUTION OF HOUSEHOLD GOODS DISPUTES › Section 1457.320 - Shipper-Carrier Negotiation

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to involving the dispute resolution procedures
				  established by this Subpart, the shipper and carrier must make a good faith
				  attempt to resolve the underlying dispute. Disputes are subject to the claims
				  provisions of Subparts F and G of this Part. Commission staff will, upon
				  request, provide the parties with information necessary or helpful in
				  negotiating a resolution to the dispute or in following established claim
				  procedures.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart E - RESOLUTION OF HOUSEHOLD GOODS DISPUTES › Section 1457.330 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
If a shipper and carrier are unable to resolve a dispute,
				  either party may request the Commission staff's participation in the dispute
				  resolution process as a mediator.
a)
				Both shippers and carriers are required to participate in mediation in good
				faith. "Good faith participation" includes participation by a representative of
				the carrier who has authority to agree to settlement. However, the fact that a
				settlement is not achieved does not in itself constitute evidence of lack of
				good faith participation.
b)
				Mediation may take any form or employ any process to which the parties and the
				mediator agree. Mediation will terminate when the parties reach an agreement
				about all issues in dispute, when the shipper withdraws as a participant, or
				when the staff mediator determines that there is no reasonable likelihood that
				the parties will reach an agreement on any issues remaining in
				dispute.
c) At the conclusion of
				mediation, the staff mediator will prepare a memorandum for the parties
				reflecting the terms of their agreement. If any issues remain unresolved, the
				staff mediator will give the parties a written opinion as to the merits of the
				issues remaining in dispute, based on the information available to the staff
				mediator and the applicable law. The opinion expressed by the staff mediator
				shall not be binding on the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart E - RESOLUTION OF HOUSEHOLD GOODS DISPUTES › Section 1457.340 - Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
If some or all of the issues in dispute between a shipper and
				  a carrier remain unresolved after mediation, the shipper may request
				  arbitration of the dispute by a Commission arbitrator, appointed by the
				  Commission. Carriers are deemed to join in a request for arbitration submitted
				  by a shipper.
a) To commence
				arbitration, a shipper must sign and submit an Agreement to Arbitrate form
				obtained from the Commission, along with an arbitration fee of $25. When a
				shipper submits a form, the carrier and shipper agree to abide by the terms of
				the arbitration award.
b) The
				Agreement to Arbitrate will specify that the arbitration award will be based
				solely on written submissions, documents and exhibits, unless the arbitrator
				and both parties agree to an oral hearing. The Commission will serve a copy of
				any submissions from one party on the other party.
1) Along with a signed Agreement to
				Arbitrate, the shipper shall submit 2 copies of a statement setting forth a
				brief description of the issues in dispute and its positions and arguments on
				the issues, accompanied by 2 copies of whatever documents, exhibits or other
				written submissions the shipper believes to be relevant to those
				issues.
2) Within 10 business days
				after the Commission has mailed the Agreement to Arbitrate and shipper's
				submissions to the carrier, the carrier may submit 2 copies of a statement and
				other written submissions responding to the shipper's submissions and setting
				forth its own positions and arguments about the issues in dispute.
3) Within 7 business days after the
				Commission has mailed the carrier's submissions to the shipper, the shipper may
				submit 2 copies of a reply to the carrier's submissions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.400 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Claimant" means any shipper, receiver, or authorized agent
				  filing a request with a carrier for loss of or damage to the household goods
				  shipment, or for the refund of an overcharge or duplicate payment.
"Duplicate payment" means 2 or more payments for transporting
				  the same shipment. Where one or more payments is not in the exact amount of the
				  applicable rates and charges, refunds shall be made on the basis of the excess
				  amount over the applicable rates and charges.
"Overcharge" means charges and payments for transportation
				  services in excess of those applicable under tariffs or schedules lawfully on
				  file with the Commission. It also includes "duplicate payments" as defined in
				  this Section when a dispute exists between parties concerning the charges.
				  "Unidentified payment" means a payment that a carrier has received but that the
				  carrier is unable to match with its own open accounts receivable or otherwise
				  identify as being due for the performance of transportation
				  services.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.405 - Filing of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				claim shall not be paid unless filed in writing with the household goods
				carrier that collected the transportation charges. The household goods carrier
				collecting the payment for the shipment shall be the carrier to process all
				claims. When a claim is filed with another carrier that participated in the
				transportation, that carrier shall transmit the claim to the collecting carrier
				within 15 days after receipt of the claim. If the collecting carrier is unable
				to dispose of the claim for any reason, the claim may be filed with or
				transferred to any participating carrier for final disposition.
b) A single claim may include more than one
				shipment provided the claim on each shipment involves:
1) The same rate publication issue or
				authority or circumstances;
2)
				Single-line service by the same carrier; or
3) Service by the same interline
				carriers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.410 - Documentation of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Claims shall include the name of the claimant, the claims file number if any
				(see Section
				1457.420 ), and the
				amount of the refund sought to be recovered. Claims for overcharge shall be
				accompanied by the original or a shipper-certified copy of the bills of lading
				and payment documents, unless the originals were not paper documents.
				Additional information may include, but is not limited to, the following:
1) The rate, classification or commodity
				description or weight claimed to have been applicable;
2) Complete tariff authority for the rate,
				classification or commodity description claimed; and
3) Other documents or data the claimant
				believes substantiate the basis for its claim.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.415 - Investigation of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon receipt of a written claim, the processing carrier shall initiate an
				investigation and establish a file, as required by Section
				1457.420.
b) If a carrier discovers an overcharge or
				duplicate payment that has not been the subject of a claim, it shall, within 10
				days, initiate an investigation and comply with the provisions of Section
				1457.435.
c) In the event the carrier processing the
				claim requires information or documentation in addition to that submitted with
				the claim, the carrier shall, within 10 days, notify the claimant and specify
				the additional information requested. This includes notifying the claimant that
				a written claim must be filed before the carrier becomes subject to the time
				limits for settling a claim under Section
				1457.430.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.420 - Claim Records

Current through Register Vol. 48, No. 28, July 12, 2024
At the time a claim is received, the carrier shall create a
				  separate file and assign it a consecutive claim file number. The written claim
				  shall be placed in this file. The carrier shall note the claim file number on
				  all documents filed in support of the claim and on all records and
				  correspondence with respect to the claim, including the written acknowledgment
				  of receipt required by Section
				  1457.425.
				  If pertinent to the disposition of the claim, the carrier shall also note that
				  number on the shipping order and any delivery receipt covering the shipment
				  involved.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.425 - Acknowledgment of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a written claim, the carrier shall
				  acknowledge its receipt in writing to the claimant within 30 days after the
				  date of receipt. The carrier shall include the date of receipt in its written
				  acknowledgment and shall also enter this date on the face of the written
				  claim.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.430 - Disposition of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days after its receipt by the carrier, the processing carrier shall
				pay, decline to pay, or make a written firm offer to be held open for 30 days
				to settle, each written claim, except where both the claimant and the carrier
				agree in writing to extension of time for a definite period.
b) If the carrier declines to pay a claim or
				makes a firm offer to settle in an amount different from that sought, the
				carrier shall give the claimant written notice of its action and reasons for
				its action, citing tariff authority or other pertinent information developed as
				a result of its investigation. The carrier shall give notice within the time
				period specified in subsection (a).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart F - CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT › Section 1457.435 - Disposition of Unidentified Payments, Overcharges, and Duplicate Payments Not Supported by Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a carrier does not have sufficient information with which to determine whether
				a payment is owed to the carrier or is in the proper amount, the carrier shall
				notify the payer of the unidentified payment within 60 days after receipt of
				the payment and request information that will enable the carrier to make the
				determination. If the carrier does not receive the information requested within
				90 days from the date of notice, the carrier may treat the unidentified payment
				as a payment in fact of charges owing to it, except that following the 90-day
				period, the regular claims procedure under this Part shall be
				applicable.
b) Notice of
				unidentified payment, overcharges, and duplicate payments not supported by
				claims.
1) Notices shall be in writing and
				clearly indicate that it is a final notice and not a bill.
2) Notice shall include:
A) The check number, amount, and
				date;
B) The payer's name;
				and
C) Any additional information
				the carrier is able to provide, such as copies of any materials, invoices, or
				letters sent with the unidentified payment.
3) The final notice also must inform the
				payer that:
A) Applicable regulations allow
				the carrier to conditionally retain the payment as revenue in the absence of a
				timely response by the payer; and
B) Following the 90-day period the regular
				claims procedure shall be applicable.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.440 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Claimant" means any shipper, receiver, or authorized agent
				  filing a request with a carrier for loss of or damage to the household goods
				  shipment, or for the refund of an overcharge or duplicate
				  payment.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.450 - Limitations for Filing a Claim

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any limitation for the filing of claims
				for loss or damage to a shipment must allow at least 90 days after the shipment
				is delivered or scheduled to be delivered for the filing of a claim by the
				shipper with the carrier.
b) Any
				limitations on the filing of suits by the shipper for loss or damage to a
				shipment must allow at least 2 years from the date of written notice by the
				carrier that it declined to pay the claim.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.455 - Requirements for Form and Content of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) A household goods carrier shall not
				voluntarily pay a claim for loss, damage, injury, or delay to cargo unless the
				claimant files a written claim with the carrier within the time limits required
				by Section
				1457.450,
				the terms of the bill of lading or other contract of carriage, and all
				applicable tariff provisions.
b) A
				written communication filed by a claimant with a carrier will be considered to
				comply with the provisions for filing claims in the bill of lading or other
				contract of carriage if it:
1) Contains facts
				identifying the shipments or property involved;
2) Asserts liability for alleged loss,
				damage, injury or delay; and
3)
				Makes claim for the payment of a specified or determinable amount of
				money.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.460 - Documents Not Constituting Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) A household goods carrier shall not accept
				the following items as complying with the minimum claim filing requirements
				specified in Section
				1457.455(b):
1) Appraisal reports of damage or notations
				of shortage or damage that are entered on freight bills, delivery receipts, or
				other documents; or
2) Inspection
				reports issued by a carrier or its inspection agencies.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.465 - Claims Filed for Uncertain Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
When a household goods carrier is presented with a claim for
				  an uncertain amount, such as "$100 more or less," the carrier will determine
				  the condition of the shipment involved at the time it made delivery, if the
				  shipment was delivered, and shall ascertain, as nearly as possible, any extent
				  of the loss or damage for which it may be responsible. The carrier shall not,
				  however, voluntarily pay a claim under such circumstances unless and until a
				  written claim for a specified or determinable amount of money has been filed in
				  accordance with the provisions of Section
				  1457.455(b).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.470 - Multiple Loss and Damage Claims for the Same Shipment

Current through Register Vol. 48, No. 28, July 12, 2024
If a household goods carrier investigating a claim discovers
				  that a similar claim on the same shipment has been presented to one or more
				  other carriers or that more than one claimant has filed a claim with respect to
				  the same shipment, the carrier will communicate with each other carrier and,
				  prior to any agreement being entered into as to the proper disposition of the
				  claim or claims, will notify all claimants of the receipt of conflicting or
				  overlapping claims. The carriers will require each claimant to supply further
				  substantiation of its title to the subject property or its right with respect
				  to the claim.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.475 - Acknowledgement of Loss or Damage Claims

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a written claim, a household goods carrier
				  will acknowledge the receipt of the claim in writing to the claimant within 30
				  days after the date of its receipt by the carrier. The carrier shall include
				  the date of receipt on its written acknowledgment and shall also enter this
				  date on the face of the written claim. The carrier will indicate in its
				  acknowledgement to the claimant any additional documentary evidence required by
				  Section
				  1457.485(b)
				  or other pertinent information that it may require to process the claim as
				  required by Section
				  1457.455.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.480 - Loss or Damage Claim Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the time a claim is received, the
				household goods carrier shall create a separate file and assign a consecutive
				claim file number. The carrier shall note that number on all documents filed in
				support of the claim and all records and correspondence with respect to the
				claim, including the written acknowledgement of receipt.
b) At the time a claim is received, the
				household goods carrier shall record the date of receipt on the face of the
				claim document. The date of receipt shall also appear in the carrier's written
				acknowledgement of receipt to the claimant.
c) The household goods carrier shall note the
				claim file number on the bill of lading, shipping order, if in its possession,
				and any delivery receipt covering the shipment, unless:
1) All information contained in bills of
				lading, shipping orders, delivery receipts, tally sheets, and all other
				pertinent records made with respect to the transportation of the shipment on
				which claim is made is available for examination upon receipt of a
				claim;
2) All records and documents
				(or complete reproductions) are in fact examined in the course of the
				investigation of the claim and an appropriate record is made that the
				examination has in fact taken place; and
3) This procedure causes the duplicate or
				otherwise unlawful payment of claims.