reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1203 - EMPLOYEE BOARDS › Section 1203.30 - Notice of Employee Board Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A board shall give public notice of the
			 schedule of its regular meetings at the beginning of each calendar year. This
			 notice shall contain the dates, times and places of each meeting. Public notice
			 of any special meeting, rescheduled regular meeting, or of any reconvened
			 meeting shall be given at least 24 hours before such meeting which notice shall
			 also include the agenda for the meeting. The public notice requirement for
			 reconvened meetings shall not apply where the meeting is reconvened within 24
			 hours or an announcement of the time and place of the reconvened meeting was
			 made at the original meeting and there is no change in the agency (Ill. Rev.
			 Stat. 1985, ch. 102, par. 42.02 ).
b) The agenda for the regular meetings of a
			 board shall be posted in an area of the Commission's offices or the buildings
			 in which such offices are located, easily accessible to the public, as early as
			 it is available but in no case less than 24 hours prior to its
			 meeting.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1203 - EMPLOYEE BOARDS › Section 1203.40 - Requests for Evidentiary Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
An application, petition, or motion (other than a motion for
				reconsideration) before a board may request either an evidentiary hearing or
				review solely on the record before the board. If the motion does not contain an
				express request for an evidentiary hearing before a hearing examiner, the
				movant will be deemed to have waived any right to an evidentiary hearing and
				elected to limit the Board to review of the record. If the motion requests
				relief from the board or in the alternative, an evidentiary hearing, the board
				shall either grant the relief or refer the matter for an evidentiary hearing
				before a hearing examiner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1203 - EMPLOYEE BOARDS › Section 1203.50 - Appeal Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authority to rule on motions. Only the Commission shall have authority to grant
			 an appeal of any action taken by an employee board. For purposes of this
			 subsection, appeals include motions for reconsideration, petitions to vacate,
			 applications for reinstatement, and any other appeals which may be
			 filed.
b) Evidentiary hearing on
			 motions. A motion for reconsideration may request either an evidentiary hearing
			 (hearing before a hearing examiner) or review solely on the record before the
			 board. If the motion does not contain an express request for evidentiary
			 hearing, the movant will be deemed to have waived any right to an evidentiary
			 hearing and elected to limit the Commission to review of the record.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1205 - FEES › Subpart A - FILING AND ANNUAL FEES › Section 1205.10 - Filing and Annual Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Filing and application fees for other than household goods
				  carriers and relocation towers shall be as follows:
a)
Application for Public Carrier Certificate
$50
b)
Petition for Certificate of Exemption
$50
c)
Application for non-relocation towing license
$50
d)
Equipment lease filing
$15
e)
Application for Broker's license
$50
f)
Annual fee for each vehicle operated under a Public
							 Carrier Certificate
$ 5
g)
Annual fee for each vehicle operated in interstate
							 commerce under the Single State Registration Program or as an exempt interstate
							 carrier
$ 7
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1206 - INVESTIGATION AND SUSPENSION OF RATES › Section 1206.10 - Application of Part to Motor Carrier, Rail & Pipeline Rates

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to all rates within the Illinois Commerce
				Commission's ("Commission") jurisdiction for which an order prescribing the
				rates is not required, except to the extent that the Commission's powers in
				relation to motor carriers of passengers and rail carriers have been preempted
				by a valid Federal statute.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1206 - INVESTIGATION AND SUSPENSION OF RATES › Section 1206.20 - Rate Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 General Requirements. Any person may challenge a rate filed with the Commission
			 by filing with the Commission a complaint identifying the rate, stating the
			 relief sought, and stating grounds for the granting of such relief.
b) Complaint designation
1) A complaint referring to a rate that has
			 been filed with the Commission but is not yet effective shall be styled a
			 "petition to investigate and suspend."
2) A complaint referring to a rate that is on
			 file with the Commission and is effective shall be styled a "rate
			 complaint."
3) A "petition to
			 investigate and suspend" which is filed after the deadline for filing such
			 petitions shall be treated as a "rate complaint."
4) A "petition to investigate (but not to
			 suspend)" shall be treated as a "rate complaint."
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1206 - INVESTIGATION AND SUSPENSION OF RATES › Section 1206.30 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 burden of proof in an investigation and suspension proceeding (proceeding in
			 which a rate is investigated and suspended) shall be on the proponent of the
			 rate unless otherwise provided in a valid preemptive federal statute which
			 governs the rate (Ill. Rev. Stat. 1985, ch. 951/2, par.
			 18c-3204(2)(C)).
b) The burden of
			 proof in a rate complaint proceeding shall be on the person who filed the rate
			 complaint.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1207 - AGENTS FOR SERVICE OF PROCESS › Section 1207.10 - Designating Agents for Service of Process

Current through Register Vol. 48, No. 28, July 12, 2024
Any person subject to the jurisdiction of the Illinois Commerce
				Commission ("Commission") under the Illinois Commercial Transportation law
				(Ill. Rev. Stat. 1985, ch. 951/2, pars. 18c-1101 et seq.) shall designate an
				agent for service of process by either:
a) Filing a completed copy of the
			 Commission's Designation of Agent for Service of Process form; or
b) Filing a letter, signed by the person or
			 an owner, partner, or officer of the legal entity making the filing, containing
			 the information set forth in Section
			 1207.20
			 of this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1207 - AGENTS FOR SERVICE OF PROCESS › Section 1207.20 - Contents of Designation

Current through Register Vol. 48, No. 28, July 12, 2024
A completed designation of Agent for Service of Process form or
				letter of designation must set forth:
a) The full, legal name of the person making
			 the designation;
b) The mailing
			 address and telephone number of such person;
c) The name of the chief executive officer
			 (if applicable);
d) The name and
			 address in Illinois of the person's agent for service of process;
e) Identification of the person as either:
1) A motor carrier of property licensed by
			 the Commission;
2) A motor carrier
			 of passengers licensed by the Commission;
3) A rail carrier registered with the
			 Commission;
4) A common carrier by
			 pipeline registered with the Commission;
5) A broker licensed by the Commission;
			 or
6) A tariff bureau approved by
			 the Commission; and
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1207 - AGENTS FOR SERVICE OF PROCESS › Section 1207.30 - Application to Rail Carriers

Current through Register Vol. 48, No. 28, July 12, 2024
A rail carrier which has registered with the Commission
				pursuant to 92 Ill. Adm. Code 1502 need not separately designate an agent for
				service of process.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.10 - Introduction and General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose. Tariffs are for the information
				and the use of the public. They shall be published in a manner that ensures
				that they are readable and that their terms and conditions are easy to
				understand and apply. The Commission reserves the right to reject or strike any
				tariff, in whole or in part, which is not in compliance with law, or to require
				that it be modified, corrected or reissued.
b) Application.
1) This Part governs the construction,
				publication, filing, and posting or publication of any tariff filed under the
				Law, except to the extent that the tariff is governed by 92 Ill. Adm. Code
				1570, 1575, 1580, 1585, 1590, 1595 or 1600.
2) Some of the Sections in this Part do not
				apply to tariffs of all types of carriers. These Sections state either that
				they do not apply to tariffs of specific types of carriers or that they apply
				only to tariffs of specific types of carriers.
3) This Part is to be liberally construed.
				The absence of specific approval of particular practices or provisions does not
				imply disapproval of them.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.15 - Applications for Special Permission

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for special permission to
				depart from one or more provisions of this Part may be filed if in accordance
				with the provisions of this Section.
b) Special tariff authority will not be
				issued to modify a final order of the Commission. Any request to modify a final
				order shall be filed in accordance with the Commission's Rules of Practice, 83
				Ill. Adm. Code 200.
c) Applications
				may only be filed by the carrier(s) or agent(s) who has authority to file the
				proposed tariff publication for which relief is requested.
d) Payment of the fee in the amount required
				under the Law shall accompany the application.
e) Copies and numbering. The original and two
				copies of the application shall be filed.
f) Contents of application.
1) All involved tariff publications shall be
				identified, including supplement and loose-leaf page number, with specific
				reference to provisions by item, section, or page numbers.
2) If the proposal involves the publishing of
				rates, all points involved shall be identified.
3) If the proposal involves publication of
				tariff rules on less than statutory notice, the wording of the proposed rules
				shall be furnished.
4) The
				application shall show how the proposed change is to be published, i.e., by
				republication of tariff matter, or by publication of a statement.
5) The reasons and justification for the
				proposal shall be stated.
6) If
				relief is requested from notice requirements, the reasons why customary notice
				cannot or should not be given shall be stated.
7) Applications requesting authority to
				change, cancel or postpone matter which is the subject of a complaint or
				petition for investigation or suspension shall certify that the complainants
				have been notified by telegram or telephone. The application shall also state
				whether or not the complainants have registered objections to the
				proposal.
8) The provision(s) of
				this Part from which relief is requested must be identified.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.20 - Marking of Tariff Packages

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Packages containing tariff publications shall be marked "Tariffs".
b) Packages containing applications for
				special tariff authority to depart from this Part shall be marked "Special
				Tariff Authority Application."
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.25 - Number of Copies for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motor carrier of property tariffs.
				Carriers and agents shall send 3 copies of each motor carrier of property
				tariff publication for official filing.
b) Other carriers. Carriers and agents shall
				send 1 copy of tariff publications of other type of carriers for official
				filing.
c) When a tariff
				publication is published in more than one agent's name, it is not necessary
				that 3 copies be filed in the name of each agent.
d) An agent's or carrier's tariff publication
				containing joint rates or provisions constitutes a sufficient filing for each
				of the participating carriers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.30 - Letters of Transmittal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				letter of transmittal shall be sent in the same package with the tariff
				publication(s).
b) A letter of
				transmittal shall be signed by the person issuing the tariff or an authorized
				representative. Authorizations shall not be filed with the Commission unless
				specifically requested or the existence of such authorization is questioned in
				a challenge to the tariff. Absent request or challenge, the Commission will
				assume agents have the necessary authority from their principals. The
				Commission will request the filing of an authorization if the Commission was
				notified by an outside party or had prior knowledge that the person executing
				the transmittal did not have authorization to file the tariff. Prior knowledge
				of the Commission may result from an investigation or hearing conducted by the
				Commission.
c) If one transmittal
				letter is used to cover more than one package of tariff publications, the
				letter shall state the number of packages. The original letter shall be sent in
				one package and a copy of the letter sent with each of the other
				packages.
d) If a receipt is
				desired, mark the letter "Receipt Requested" and send an extra copy of the
				letter with a postage paid, self-addressed return envelope. Do not enclose
				loose stamps.
e) The letter of
				transmittal accompanying each tariff publication which contains a rate which
				the carrier wishes to have considered pursuant to the zone of rate freedom
				provisions of Section 18c-3207 of the Law (Ill. Rev. Stat. 1985, ch. 951/2,
				par. 18c-3207) shall so state. When only some rates are within the zone, they
				shall be designated individually. Zone of rate freedom provisions do not apply
				to motor carriers of property.
f)
				If a fare, rate, charge, or provision filed under zone of rate freedom
				provisions in Section 18c-3207 of the Law is complained of, the carrier shall,
				in its reply to the complaint, identify the number of the item (or page) and
				tariff in which the rates may be found, which show a net change during the
				previous 12 months.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.35 - Tariff Publications Not Consecutively Numbered or Lettered

Current through Register Vol. 48, No. 28, July 12, 2024
A tariff publication submitted for filing, which is not in
				  sequence, shall be accompanied by an explanation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.40 - Concurrences and Powers of Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
Except for motor carriers of property, concurrences and
				  powers of attorney shall not be filed with the Commission. However, a carrier
				  may not participate in a tariff issued in the name of another carrier or an
				  agent unless a power of attorney or concurrence has been executed. Absent
				  effective concurrences or powers of attorney, tariffs are void. Should a
				  challenge to a tariff be made on this basis, carriers will be required to
				  submit the necessary proof. (See Subpart B).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.45 - Period of Notice Required

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For railroad tariffs.
1) Twenty days for
				rates or provisions published in connection with new service or changes
				resulting in increased rates or decreased value of service;
2) Ten days for changes resulting in
				decreased rates or charges or changes resulting in neither increases nor
				reductions;
3) Forty-five days for
				publications naming surcharges or canceling joint rates under
				49
				U.S.C. 10705 a,
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.50 - Return or Rejection of Tariffs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission will return a tariff
				publication under the following circumstances:
1) The package containing the tariff
				publication arrives with postage or other delivery charges due;
2) The tariff publication which the
				Commission receives is missing material necessary to fulfill the requirements
				of this Part; or
3) A carrier or
				agent request returns before the effective date and subscribers are promptly
				notified.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.55 - Posting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General posting requirements.
1) Each carrier
				shall maintain, at its principal office, a complete set of its tariffs
				(proposed and effective) and those to which it is a party.
2) Each carrier shall also maintain some or
				all tariffs at other locations determined by the carrier. Carriers shall
				provide information regarding all locations where tariffs may be
				viewed.
3) At all points where
				tariffs are posted, they shall be made available for inspection by any person
				during carrier's normal business hours. The tariffs shall be accessible. The
				carrier shall also post, in a public place in these locations, a notice, in not
				less than 24 point type, which contains a statement that the tariffs are
				available for public inspection.
4)
				At all other carrier business offices, the carrier shall display a notice
				advising the public of the location of the nearest available tariff file. The
				notice shall be not in less than 24 point type and posted in a public place. In
				addition, the carrier shall, upon request, make particular tariffs available at
				that location as soon as possible but not later than within 20 days of the
				request, or provide the information orally if satisfactory to the
				requester.
5) Any publication
				referred to in a tariff must be posted with the tariff.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.65 - Form and Printing of Tariffs and Other Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Form, durability and method of printing.
				Except as authorized in Section
				1225.2110(c),
				tariff publications and other documents shall be submitted to the Commission on
				8 inch by 11 inch or 81/2 inch by 11 inch white paper (at least 20 lb. weight),
				shall be typewritten or produced on word processing equipment using regular,
				Roman or Gothic type face, and shall be in the English language.
b) General rules.
1) Except for the title page, and except as
				otherwise authorized, all pages shall be consecutively numbered using Arabic
				numerals. Authorization for deviation will be given in situations such as cases
				of tariff compilation error or if there is need to expand on a particular
				aspect contained within tariff page.
2) Pages and spaces intentionally left blank
				shall so state.
3) Margins of not
				less than 5/8 of an inch shall be provided at a bound edge.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.70 - ILLCC Tariff Designations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				ILLCC designation. The ILLCC designation consists of:
1) The characters "MF-ILL.C.C." or "MF-ILLCC"
				(for motor carriers of property) or "ILLCC" or "ILCC" (for all other carriers);
				and
2) The ILLCC tariff designation
				number series of each carrier filing tariffs with the Commission, beginning
				with the Number 1 and subsequent filings being numbered
				consecutively.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.75 - Tariff Number of Rejected Tariffs

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the tariff number of a rejected
				tariff does not include a letter suffix, the designation on the tariff issued
				in its place shall bear the letter suffix A.
b) When the tariff number of a rejected
				tariff includes a letter suffix, the designation on the tariff issued in its
				place shall bear the next consecutive letter suffix.
c) The rejected tariff may not be referred to
				in any subsequent tariffs as having been amended, canceled, or withdrawn, but
				the tariff which is published in its place shall bear the following notation:
Issued in place of (here identify the rejected tariff),
				  rejected by the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.80 - Codes for Identification of Places

Current through Register Vol. 48, No. 28, July 12, 2024
Codes for identification of places may be used instead of, or
				  in addition to, the naming of places, points, facilities, or locations:
				  provided that an explanation of the code is contained in the same tariff using
				  the code, or in a separate tariff specifically named as a governing
				  publication.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart A - GENERAL PROVISIONS › Section 1225.85 - Compliance Dates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following must comply with the requirements of this Part as of the effective
				date of this Part:
1) New tariffs filed after
				the effective date of this Part;
2)
				Tariffs re-issued after the effective date of this Part; and
3) Supplements, amendments, and revised
				tariff pages filed after the effective date of this Part, except that item and
				tariff numbers in such supplements, amendments, and revised tariff pages need
				not conform to the requirements of this Part until the subject tariff is
				required to conform to this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart B - POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT › Section 1225.100 - Scope of Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  1225.105
				  through
				  1225.120
				  are not applicable to motor carriers of property.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart B - POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT › Section 1225.105 - Powers of Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Powers of attorney may be given by a carrier to a carrier or an agent for the
				purpose of publishing and filing tariffs.
1)
				The power may be as broad or limited as expressed in the document, and
				alternate agents may be named.
2)
				Powers of attorney shall not be filed at the Commission, but shall be
				maintained and produced if requested by any person.
3) Revocation or amendment of the power of
				attorney shall be reflected through lawfully published tariff revisions
				effective concurrently. In the event of failure to so revise the applicable
				tariff or tariffs, the rates in such tariff or tariffs will remain applicable
				until lawfully changed.
4) If the
				scope of a power of attorney is questioned by any person, the document shall be
				produced.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart B - POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT › Section 1225.110 - Concurrences

Current through Register Vol. 48, No. 28, July 12, 2024
a) A concurrence is
				used to show that one carrier has agreed to participate in joint rates or
				provisions published in a tariff filed by another carrier or agent.
1) A concurrence does not give a carrier
				authority to publish local rates or provisions for the carrier issuing the
				concurrence.
2) If two or more
				carriers execute power of attorney to the same agent, it is not necessary for
				those carriers to exchange concurrences.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart B - POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT › Section 1225.115 - Transfer of Authority From One Agent to Another

Current through Register Vol. 48, No. 28, July 12, 2024
When a new agent is to take over all effective tariffs of
				  another agent (including where a name of a corporation is changed), powers of
				  attorney shall be appropriately amended.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS › Subpart B - POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT › Section 1225.120 - Take-over Publications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When an agent is appointed to take over an agency, or when an alternate agent
				takes over the duties of the principal agent, the new or alternate agent shall
				immediately issue a supplement to each of the superseded agent's effective
				tariffs. Instead of showing an effective date on the title page, the following
				statement or one to similar effect shall be shown:
On and after (date the authority was transferred), this
				  publication is the issue of (new or alternate agent's name).
b) In the case of a new agent, only the
				carriers that have issued new powers of attorney may be shown in the take-over
				publication as participants. All other carriers previously shown as
				participants shall be shown as canceled, either by listing each and stating its
				participation is canceled or by showing the following statement or one to
				similar effect at the beginning of the list:
The following is the list of carriers participating in this
				  tariff as of (take-over date). All carriers previously shown as participants
				  but not shown are canceled.
c) A take-over supplement shall remain in
				effect for the life of the tariff, except the list of participating carriers
				may be amended.
d) A take-over
				supplement is exempt from the provisions of Section
				1225.920
				limiting the number and volume of supplements.
e) Where joint-agent publications (see
				Section
				1225.300
				) are involved, there are four major situations. In each case, the supplement
				shall contain only matter necessary to explain the action with the list of
				participating carriers, if any, appropriately amended.
1) The issuing agent is taken over by an
				agent not already shown as joining in the publication. The new agent issues the
				take-over supplement.
2) A joint
				agent is taken over by an agent other than the issuing agent. The issuing agent
				of the tariff issues the supplement showing the name of the new agent for the
				one taken over.
3) A joint agent is
				taken over by the issuing agent. The issuing agent of the tariff issues the
				supplement, with the former agent and its ILLCC designation deleted.
4) The issuing agent is taken over by a joint
				agent shown on the publication. The new agent becomes the issuing agent, issues
				the take-over supplement, with the former issuing agent and its ILLCC
				designation deleted.
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 1225.200 - Scope of Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				construction, filing, cancellation, or revocation of powers of attorney or
				concurrences, and the construction and filing of publications when one agent
				takes over another involve many different kinds of situations, each of which
				requires different procedures to be followed.
b) This Subpart summarizes many kinds of
				situations together with a reference in each instance to the section that
				contains the regulations governing that situation.
1) To authorize an individual to act as
				agent, see Section
				1225.205(a).
2) To authorize a corporation to act as
				agent, see Section
				1225.205(a).
3) To limit the authority of a power of
				attorney, see Section
				1225.205(b)
				through (e).
4) To give concurrence in a particular tariff
				of a carrier, see Section
				1225.210(a).
5) To give general concurrence to a carrier,
				see Section
				1225.210(a).
6) When the principal agent dies or is
				disabled, see Sections
				1225.245,
				1225.250(b) and
				(c), and
				1225.255.
7) When the alternate agent dies or is
				disabled, see Sections
				1225.250(b) and
				(c) and 1225.255.
8) When an agent takes over another agent or
				a corporation as agent changes its name, see Sections
				1225.250(a) and
				(c) and 1225.255.
9) To cancel a power of attorney or
				concurrence, see Section
				1225.270.
10) To revoke a power of attorney or
				concurrence, see Section
				1225.275.
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 1225.210 - Forms and Extent of Concurrences

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission's Tariff Concurrence
				(Specific Concurrence) form or its Tariff Concurrence (General Concurrence)
				form shall be used in giving to carriers subject to this Part concurrences in
				tariffs (including supplements or loose-leaf page amendments thereto) which are
				issued and filed by such carrier or their agents and in which the carriers
				giving concurrences are participants.
1) The
				Tariff Concurrence (Specific Concurrence) form shall be used in giving
				concurrence in a particular tariff that is issued and filed by another carrier.
				The original shall be forwarded to the carrier issuing the tariff and shall be
				transmitted by such carrier to the Commission with the tariff or the amendment
				adding the carrier. This form, when not restricted, will serve as continuing
				evidence of participation in the tariff described in the concurrence and in all
				supplements (or loose-leaf pages) thereto and successive issues thereof. If
				reference to successive issues is stricken or omitted, a new concurrence will
				be required for each successive issue of the tariff in which the concurring
				carrier desires to participate. Except as provided in this subsection, this
				form shall not be qualified in any way but must evidence concurrence contained
				in the tariff publication named therein.
2) If general concurrence is given by a
				carrier in tariffs (including supplements or loose-leaf page amendment thereto)
				issued by another carrier or its agent, naming rates or other provisions from,
				to, via, or at points on its lines, the Tariff Concurrence (General
				Concurrence) form shall be used. This form may be executed to authorize
				publication of rates or other provisions for the concurring carrier from, to,
				via, or at points served by such carrier. If it is desired to limit the
				authority granted to exclude publication of rates in connection with which the
				concurring carrier would act as either origin, intermediate, or destination
				line, the form may be modified to that extent by use of appropriate language to
				effect the modification authorized. When authority is given an agent to publish
				rates for a carrier participating under authority of a concurrence to another
				carrier for which such agent acts, care must be exercised that the rates
				published for the concurring carrier do not exceed the scope of the authority
				given.
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 1225.215 - Exact Name of Carrier Must Be Shown; What Individual May Sign Instrument

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the blank
				spaces for the name of the carrier on each form listed in Sections
				1225.205
				and
				1225.210,
				there shall be shown:
1) If the carrier is an
				individual, the individual name followed by any trade name;
2) If the carrier is a partnership, the
				correct names of all partners, followed by any trade name; or
3) If the carrier is a corporation, the
				correct corporate name.
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 1225.220 - Official or Employee May Not Act as Agent

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specifically authorized by the Commission, an official
				  or an employee of a corporation may not act as agent when such corporation acts
				  as agent. The Commission shall authorize an official or employee to act on
				  behalf of the corporation upon receipt of a properly completed power of
				  attorney specifically setting forth the limits of that official or employee to
				  act on behalf of the corporation.
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 1225.225 - Corporation as Agent

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				corporation, duly authorized and acting as an attorney and agent, shall issue
				tariffs in the name of the corporation as agent.
b) At the bottom of the title page of each
				publication and at the bottom of each loose-leaf page filed by the corporation
				as agent shall be shown the name and title of the official of the corporation
				who has been appointed by such corporation to issue tariffs and file them with
				the Commission.
c) Before the first
				tariff publication may be filed showing such person as the issuing officer, the
				corporation shall forward to the Commission certified minutes of the meeting of
				the board of directors showing the name and title of the official who has been
				appointed to handle all tariff matters with the Commission.
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 1225.230 - Specifications of Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each power of attorney or concurrence shall be given a form and serial number
				which shall run consecutively for each form of instrument. The form and serial
				numbers shall be shown on the upper right-hand corner and immediately
				thereunder shall be shown the form and number of the instrument, if any, which
				is canceled thereby.
b) Each
				instrument shall show under the serial number the date of issue.
c) All instruments, except the concurrence in
				the Tariff Concurrence (Specific Concurrence) form, shall show in the lower
				left-hand corner the name and address of the agent or carrier to which the
				duplicate is sent.
d) The term
				"freight tariff" as used in this Subpart means not only rate tariffs but all
				other freight publications which in any way affect the value of the service or
				the measure of the charge.
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 1225.235 - Distribution of Copies

Current through Register Vol. 48, No. 28, July 12, 2024
Except when there is specific instruction in a Section of
				  this Subpart to send originals to an agent or carrier, the original of the
				  instrument shall be filed with the Commission, the duplicate sent to the agent
				  or carrier to which such authorization is directed, and the third copy retained
				  by the issuing carrier.
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 1225.240 - Conflicting Authority Must Be Avoided

Current through Register Vol. 48, No. 28, July 12, 2024
Powers of attorney or concurrences may not contain authority
				  to delegate to another the authority thereby conferred. Duplicating authority
				  to two or more agents or carriers must be avoided if the use thereof would
				  result in conflicting rates or other provisions.
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 1225.245 - Alternate Agent

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When a power of attorney is issued to an individual to act as agent, such
				instrument shall name an alternate agent to act in the event of the death or
				disability of the principal agent.
b) On or before the date of filing of the
				first tariff, supplement, or loose-leaf page by the alternate agent under the
				authority granted in the instrument, such alternate agent shall submit to the
				Commission a sworn statement setting forth the facts which justify such
				exercise of authority. (See Section
				1225.255
				for regulations governing these takeover publications.)
c) The term "disability" as used in the
				instrument refers to resignation, transfer to other duties or another post, or
				absence other than temporary, and does not mean temporary absence of the
				principal caused by vacation, illness, or other similar causes.
d) If a carrier revokes its powers of
				attorney to an agent or cancels an existing one replacing it with a new more
				limited one, providing the required 60 days' notice from date of filing with
				the Commission, the agent has a duty to adjust its tariffs accordingly,
				effective on or before the effective date of the instruments. If it does not
				and the carrier directs this fact to the attention of the Commission, the
				Commission shall direct the alternate agent to take over in the agent's place
				to protect the rights of the carrier.
e) After an alternate agent has once
				exercised the authority granted by the instrument, the principal agent may not
				thereafter act under that instrument.
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 1225.260 - Supplement (or Loose-leaf Pages) to be Shown in Series of Former Agent

Current through Register Vol. 48, No. 28, July 12, 2024
Supplements or loose-leaf pages, including those publishing
				  the take-over, filed by the new agent to tariffs issued by the former agent (or
				  a predecessor thereof, if any) must show in connection with the ILLCC
				  designation that they are in the series of the former agent (or
				  predecessors).
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 1225.265 - Series Used by New or Alternate Agent

Current through Register Vol. 48, No. 28, July 12, 2024
a) New tariffs issued by the new agent (not
				alternate agent) shall be in such agent's own ILLCC designation series, and
				when canceling tariffs issued by the former agent, shall indicate the series of
				the tariffs canceled.
b) An
				alternate agent, after take-over, shall continue to use the designation series
				of the superseded agent and identify, in connection with the designation, the
				series by name of such agent.
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 1225.270 - Cancellation of Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A power of attorney may cancel another power of attorney if both the old and
				new are issued in favor of the same agent or if it is filed under circumstances
				set forth in Section
				1225.250.
b) A concurrence may cancel another
				concurrence if both the old and new are issued in favor of the same
				carrier.
c) In every case both the
				old and new instruments must be issued by the same carrier, except that the old
				may be one acquired from a certificated predecessor carrier.
d) A power of attorney may not cancel a
				concurrence, nor may a concurrence cancel a power of attorney, but one form of
				power of attorney may cancel a different form of power of attorney and one form
				of concurrence may cancel a different form of concurrence, but care must be
				taken in any case that the correct form number is inserted in the cancellation
				notice space. Under all other circumstances, power of attorney and concurrences
				must be revoked as set forth in Section
				1225.275.
e) If the instrument to be canceled contains
				more authority or is broader in scope than the new instrument, the new
				instrument must bear an effective date of at least 60 days after the date on
				which it is received by the Commission. Otherwise, no notice is
				required.
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 1225.275 - Revocation of Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				power of attorney or concurrence may be revoked upon not less than 60 days'
				notice to the Commission by filing a notice of revocation with the Commission,
				serving at the same time a copy thereof on the agent or carrier in whose favor
				such instrument was executed.
b)
				Such notice shall not bear a separate serial number, but shall specify the form
				and number of the instrument to be revoked, named the agent (and alternate
				agent when the authority granted in the Tariff Agent Power of Attorney
				(Individual as Agent) form is being revoked) or carrier in whose favor the
				instrument was executed, and specify the date upon which revocation is to
				become effective. The effective date must not be less than 60 days subsequent
				to the date the notice is received by the Commission.
c) The revocation notice for a power of
				attorney shall be on the Commission's Revocation of Power of Attorney
				form.
d) The revocation notice for
				a concurrence shall be on the Commission's Revocation of Concurrence
				form.
e) When a power of attorney
				or concurrence is revoked, corresponding revision of the tariff or tariffs
				shall be made effective upon statutory notice not later than the effective date
				stated in the notice of revocation. In the event of failure to so revise the
				applicable tariff or tariffs, the rates in such tariff or tariffs remain
				applicable until lawfully canceled.
f) The provisions of Section
				1225.215
				will also apply to revocation notices.
g) If the tariff or tariffs of a carrier are
				adopted in full, the new carrier has the duty either to promptly obtain new
				concurrences from the participants therein, if any, or to cancel the
				participation of such carriers before any changes are made effective in
				provisions affecting such carriers.
h) A carrier holding a concurrence or an
				agent holding a power of attorney that no longer wishes to retain or exercise
				such authority shall notify the Commission in writing of this and state that
				the authority shall have no further force and effect. The files of the
				Commission shall be marked accordingly and the instrument considered as no
				longer effective. The notification shall be over the signature of the person
				authorized to issue the tariffs.
i)
				A power of attorney or concurrence may not be revoked in part, nor may it be
				amended except by reissue.