reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.605 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings scheduled under Section
				  446.604 shall
				  be governed by the provisions of Section
				  446.503.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.606 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
After consideration of the evidence of record, the presiding
				  officer may dismiss the notice in whole or in part and enter an order to that
				  effect. If he does not dismiss it in whole, he will issue and serve on the
				  parties an order declaring the rate(s) to be either unjust or unreasonable or
				  both and further declaring the rate(s) to be void. The order will include a
				  statement of findings and conclusions as well as the reasons therefor on all
				  material issues of fact, law and discretion.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.607 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Any party aggrieved by a presiding officer's decision and
				  order issued under Section
				  446.606
				  may file an appeal with the Secretary. The appeal must be filed within ten days
				  of service of the presiding officer's order. A decision by the Secretary is
				  administratively final.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart G - MISCELLANEOUS PROVISIONS › Section 446.701 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
Parties participating in hearings conducted under these Rules
				  may obtain discovery pursuant to this Rule regarding any matter not privileged,
				  which is relevant to the subject matter involved in the pending proceeding or
				  appears reasonably calculated to lead to the discovery of admissible evidence,
				  provided that discovery may be had only when the presiding officer, upon his
				  own motion or upon a petition filed by a party, and upon good cause shown,
				  shall have entered an order approving such use. A petition must be filed at
				  least fifteen (15) days prior to the scheduled hearing date.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart G - MISCELLANEOUS PROVISIONS › Section 446.702 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party to a
				proceeding may make an application to the presiding officer for an order in the
				form of a motion.
b) Motions shall
				be in writing, shall state with particularity the grounds therefor and shall
				set forth the relief or order sought. The rules applicable to document
				specifications shall apply to all motions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart G - MISCELLANEOUS PROVISIONS › Section 446.703 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may
				intervene by petition in a proceeding involving a petition for approval of a
				rate change or in a proceeding involving a complaint of unreasonable or unjust
				rates.
b) A petition for leave to
				intervene must set forth the grounds of the proposed intervention, the position
				and interest of the petitioner in the proceeding, and whether petitioner's
				position is in support of or opposition to the relief sought. If the proceeding
				be by formal complaint and affirmative relief is sought by petitioner, the
				petition should conform to the requirements for a formal complaint.
c) A petition for leave to intervene in any
				proceeding should be filed prior to or at the time the proceeding is called for
				hearing, but not after, except for good cause shown.
d) When tendered at the hearing, sufficient
				copies of a petition for leave to intervene must be provided for distribution
				as motion papers to the parties represented at the hearing. If leave be granted
				at the hearing, one additional copy must be furnished for the use of the
				Department. When a petition for leave to intervene is not tendered at the
				hearing, the original copy of the petition shall be submitted to the Department
				together with a certificate that service in accordance with Section
				446.204 has been made by
				petitioner. Any reply in opposition to a petition for leave to intervene no
				tendered at the hearing must be filed within ten days after service.
e) Leave will not be granted except on
				averments reasonably pertinent to the issues already presented and which do not
				unduly broaden them. If leave is granted the petitioner thereby becomes an
				intervener and a party to the proceeding.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 447 - SCHOOL BUS BRAKE INSPECTIONS › Section 447.1010 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to the following persons:
a) Department personnel;
b) School bus owners or operators;
c) Mechanics performing school bus brake
			 inspections; and
d) Certified
			 Safety Testers at Illinois School Bus Official Testing Stations.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 447 - SCHOOL BUS BRAKE INSPECTIONS › Section 447.1020 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Brake components" - Any component the manufacturer has
				determined necessary to satisfy regulations or standards (FMVSS or SAE)
				governing braking operations.
"Certified Safety Tester" (CST) - An individual employed by an
				Official Testing Station who has passed a written exam and has demonstrated
				proficiency in the operation of authorized safety test equipment and has been
				issued evidence and authority by the Department to safety test vehicles in
				Illinois.
"Code" - The Illinois Vehicle Code [625 ILCS 5 ].
"Department" - The Department of Transportation of the State of
				Illinois, acting directly or through its authorized agents or officers.
				(Section 13-100 of the Code)
"Federal Motor Vehicle Safety Standards" (FMVSS) - The rules,
				regulations and standards set forth in 49 CFR 571.
"Officer" - An employee of the Illinois Department of
				Transportation.
"Official Testing Station" - All contiguous real and personal
				property which houses the testing lane(s) and any and all equipment and
				supplies relating to the safety inspection of vehicles.
"Society of Automotive Engineers" (SAE) - Society responsible
				for establishing industry standards which manufacturers follow in design and
				construction of motor vehicles.
"School Bus" - Every motor vehicle, except as provided below,
				owned or operated by or for any of the following entities for the
				transportation of persons regularly enrolled as students in grade 12 or below
				in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious
				institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or
				common carrier authorized to conduct local or interurban transportation of
				passengers when such bus is not traveling a specific school bus route but
				is:
On a regularly scheduled route for the transportation of other
				fare paying passengers;
Furnishing charter service for the transportation of groups on
				field trips or other special trips or in connection with other special events;
				or
Being used for shuttle service between attendance centers or
				other educational facilities.
A motor vehicle of the first division. (Section 1-182 of the
				Code.)
"School Bus Brake Inspection Report" (see Section
				447.Illustration A) - The form established by the Department to be used by
				school bus owners/operators to record school bus brake inspection requirements.
				The Brake Inspection Report is presented to the CST at the Official Testing
				Station at the time of the safety inspection required by Section 13-101 of the
				Code.
"Vehicle Inspection Report" - The form prescribed by the
				Department which is completed at the Official Testing Station when a vehicle is
				presented for a safety inspection.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 447 - SCHOOL BUS BRAKE INSPECTIONS › Section 447.1030 - Administrative Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department requires brakes on school buses operated in Illinois to be visually
			 inspected every 10,000 miles or once a year (whichever occurs first).
b) This brake inspection is separate from and
			 in addition to the 10,000 mile or semi-annual safety inspection required by
			 Section 13-101 of the Code.
c) The
			 brake components (e.g., linings, drums, hydraulic or air lines, wheel
			 cylinders) must be visually inspected on each school bus. This inspection
			 usually requires the wheels to be pulled from the school bus. Some
			 manufacturers have provided inspection ports on the wheels which can be used in
			 lieu of pulling the wheels provided all applicable brake components can be
			 properly inspected.
d) The brake
			 components must be inspected to verify the manufacturer's specifications are
			 being met or exceeded at the time of the brake inspection.
e) A school bus brake inspection report must
			 be completed for each school bus inspected to document compliance with the
			 manufacturer's specifications.
f)
			 The school bus brake inspection report (Section 447.Illustration A) contains
			 the following information. An original or photocopy of Section 447.Illustration
			 A must be used to comply with this subsection.
1) Name, address and phone number of the bus
			 owner/operator;
2) District or
			 school served;
3) School bus unit
			 number;
4) School bus chassis
			 make;
5) School bus chassis
			 year;
6) Vehicle Identification
			 Number;
7) Date and location of
			 brake inspection; and
8) Mileage on
			 school bus at the time of brake inspection.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 447 - SCHOOL BUS BRAKE INSPECTIONS › ILLUSTRATION A - School Bus Brake Inspection Report

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Department
of Transportation
School Bus Brake
Division of Traffic Safety
Inspection Report
3215 Executive Park Drive
P.O. Box 19212
Springfield, Illinois 62794-9212
District or Contractor:
Name ___________________________________________________
Address
				__________________________________________________
City/State ______________ Zip ________ Telephone (
				)_____________
School Bus Unit Number ________________ Chassis Make
				__________
Chassis Year ______________ Chassis V.I.N.
				_____________________
Illinois law requires all school buses to be safety inspected
				at least once every six months or 10,000 miles, whichever occurs first. In
				addition, the Illinois Department of Transportation requires that a visual
				brake inspection be performed on every school bus operated in Illinois at least
				once a year or every 10,000 miles, whichever occurs first.
A completed School Bus Brake Inspection Report must be
				presented to the Certified Safety Tester each time a school bus is taken to an
				Official Testing Station for a safety inspection.
I attest that the entire brake system on the school bus listed
				above was visually inspected and found to be operating in accordance with the
				manufacturer's specifications or was repaired to perform in accordance with the
				manufacturer's specifications. The visual inspection of the brake system was
				performed on _____________________________________ by a qualified
(date)
mechanic employed by
				__________________________________________________________________. The
				mileage
(business/school district where brake inspection
				was completed)
on this school bus was______________ when the visual brake
				inspection was performed.
(mileage)
__________________________________________________
				_________________________
(name of authorized school district official or
				contractor)  (date)
Please print or type
__________________________________________________
(signature of authorized school district official or
				contractor)
__________________________________________________
(title)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 448 - OFFICIAL TESTING STATIONS (REPEALED) › Appendix A - Safety Test Procedures and Specifications (REPEALED) › ILLUSTRATION G - Glazing Charts (REPEALED)

Current through Register Vol. 48, No. 28, July 12, 2024
"One way" reflective glazing or film may be used only to
					 the rear OF driver's seat and only when an outside rear view driver's mirror is
					 installed on each side of the vehicle.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 449 - ALTERNATE FUEL SYSTEMS FOR SCHOOL BUSES › Section 449.10 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part governs the use of liquefied petroleum gases (LPG) and compressed
			 natural gas (CNG) as propellant fuel in school buses. The installation,
			 maintenance and operation of such fuel systems are covered by this
			 Part.
b) The installation of an
			 alternate fuel system, using compressed or liquefied gases, shall not conflict
			 with any Federal Motor Vehicle Safety Standard or any requirements of this
			 Subchapter applicable to school buses.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 449 - ALTERNATE FUEL SYSTEMS FOR SCHOOL BUSES › Section 449.20 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to any school bus which is equipped to use any liquefied petroleum gas
			 or compressed natural gas as a fuel propellant and began operation on or after
			 February 26, 1990.
b) This Part
			 does not apply to any school bus which was equipped to use any liquefied
			 petroleum gas or compressed natural gas as a fuel propellant before February
			 26, 1990.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 449 - ALTERNATE FUEL SYSTEMS FOR SCHOOL BUSES › Section 449.30 - Installation, Maintenance and Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person may operate a school bus which
			 is equipped to use Liquified Petroleum Gas as a fuel propellant unless the
			 installation, maintenance and operation is in accordance with the National Fire
			 Protection Association's (NFPA) Standard for the Storage and Handling of
			 Liquefied Petroleum Gases, NFPA 58, February 6, 1989, not including any later
			 editions or amendments.
b) No
			 person may operate a school bus which is equipped to use Compressed Natural Gas
			 as a fuel propellant unless the installation, maintenance and operation of the
			 fuel system is in accordance with NFPA 52, Standard for Compressed Natural Gas,
			 (CNG) Vehicular Fuel Systems, June 8, 1988, not including any later amendments
			 or editions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 449 - ALTERNATE FUEL SYSTEMS FOR SCHOOL BUSES › Section 449.40 - Container Installation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements established by Section
				449.30,
				installation shall comply with the following:
a) Compressed or liquefied gas containers
			 shall not be mounted in the passenger or driver's compartment.
b) Container valves, appurtenances and
			 connections shall be mounted in an enclosed compartment.
c) Containers shall be located at least 36
			 inches from the entrance door and any emergency exit. Due to the smaller size
			 of Type II school buses, space limitations may sometimes make it impossible to
			 locate a fuel tank further than 36 inches from an exit. A Type II school bus
			 has a gross vehicle weight rating of 10,000 pounds or less as defined in
			 Section 12-800 of the Illinois Vehicle Equipment Law (Ill. Rev. Stat. 1987, ch.
			 951/2, par. 12-800). If the original fuel tank for a Type II bus was located
			 within 36 inches from any exit, the alternate fuel container may be located in
			 the same location as the original tank.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 449 - ALTERNATE FUEL SYSTEMS FOR SCHOOL BUSES › Section 449.60 - Pipe and Hose Installation

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements established by Section
				449.30,
				pipes and hoses installed on school buses for operation of an alternate fuel
				system shall comply with the following:
a) No fuel supply line shall pass through the
			 driver or passenger's compartment.
b) The pressure relief device shall be
			 fabricated so that in the event of stress, the pipe or adaptor will break away
			 without impairing the function of the relief valve.
c) If installed, the adaptor connecting the
			 piping system to the pressure relief device shall neither touch nor restrict
			 any movable part of the pressure relief valve.
d) The relief valve discharge piping system
			 (piping system) must not be reduced at any point from the relief valve to the
			 point of release into the atmosphere.
e) The piping system shall be routed to
			 minimize sharp elbows or bends. Installation of any commercially available
			 piping installed to meet the manufacturer's specifications is acceptable. Any
			 fittings that restrict the flow of discharge are prohibited. From the pressure
			 relief device adaptor to the atmosphere, the minimum inside diameter of the
			 piping must measure at least 3/4 of an inch.
f) The piping system shall neither block nor
			 hamper the operation of any window or door. The piping system shall preserve
			 widths of passageways, aisles and emergency exits.
g) Every portion of the piping system shall
			 be gas tight (except the outlet) and shall be able to withstand forces from the
			 discharge when the relief valve is in full open position. If for any reason the
			 discharge outlet becomes blocked, the piping system must be capable of holding
			 the full system pressure.
h) To
			 facilitate the removal of accumulated water, a drain cock shall be installed at
			 the lowest point of the piping system. The drain must be capable of being held
			 open manually and close automatically to prevent expelling LPG if discharged
			 through the relief valve. A weep hole, or other opening that may result in
			 discharged LPG flaming beneath the bus is prohibited.
i) The portion of the piping system that
			 leads upward to the atmosphere shall be installed either inside the passenger
			 compartment, on the outside of the bus, or in the body wall between the inner
			 and outer "skins" of the bus body.
1) Piping
			 on the outside of the body shall be shielded below the window line to prevent
			 "grabbing hold" or "hitching to." However, discharge piping that is located
			 between the windshield and the vent window at the left front corner of the body
			 need not be shielded.
2) Any
			 portion of the piping system that is installed either inside the passenger
			 compartment or inside the body wall shall consist of one piece originating
			 below the bus floor and exiting outside the bus roof. Every hole where piping
			 passes through the floor or roof shall be sealed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 449 - ALTERNATE FUEL SYSTEMS FOR SCHOOL BUSES › Section 449.70 - Identification

Current through Register Vol. 48, No. 28, July 12, 2024
The fuel identification decal as required by Section 3-6.2.10
				of NFPA 58 or Section 3-10.2 of NFPA 52 shall be displayed on the rear of the
				school bus not more than 12 inches above the top of the rear bumper and within
				39 inches of the left side. The decal shall not be placed on any black portion
				of the bus body.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.110 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part herein published by the Department of
				  Transportation, Division of Traffic Safety, Bureau of Safety Programs,
				  Commercial Vehicle Safety Section, shall govern the practices and procedures of
				  all hearings conducted by the Division of Traffic Safety, Bureau of Safety
				  Programs, Commercial Vehicle Safety Section.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein, the following terms shall be defined as
				  follows:
The term "Act" means the Illinois Vehicle Code (Ill. Rev.
				  Stat. 1991, ch. 951/2, pars. 1-1 et seq.) [625 ILCS 5 ];
The term "Department" means the Department of Transportation
				  of the State of Illinois;
The term "Hearing Officer" means a person duly qualified and
				  designated as a hearing officer under Section
				  450.230
				  of this Part;
The term "Permit" means a grant of privilege to a person by
				  the Department of Transportation to operate an Official Testing Station as set
				  forth in Section 13-103 of the Act (Ill. Rev. Stat. 1991, ch. 951/2, par.
				  13-103) [625 ILCS 5 /13-103];
The term "Person" means any person defined in Section 1-159
				  of the Act (Ill. Rev. Stat. 1991, ch. 951/2, par. 1-159) [625 ILCS
				  5/1-159 ];
The term "Regulations" means the published rules and
				  regulations promulgated by the Department of Transportation, Division of
				  Traffic Safety, Bureau of Safety Programs, Commercial Vehicle Safety Section,
				  relating to the lawful, proper operation of an Official Testing Station;
The term "Secretary" means the Secretary of the Department of
				  Transportation;
The term "Testing Station" means any official, certified
				  vehicular testing station as set forth in Section 13-103 of the
				  Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.130 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Documents required to be filed with the Department of
				  Transportation shall be addressed to and mailed to or filed with the Director,
				  Division of Traffic Safety, Department of Transportation, P.O. Box 19212, 3215
				  Executive Park Drive Springfield, Illinois 62794-9212.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.140 - Form

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as may
				otherwise be provided herein, two (2) copies of all documents including
				complaints, motions, petitions and notices of appeal shall be filed with the
				Director of the Division of Traffic Safety and shall bear the docket number and
				the title of the proceeding in connection with which they are filed.
b) All documents shall be typewritten or
				reproduced from typewritten copy on unglazed white paper measuring 81/2" x 11",
				and shall be signed by the party making such filing or his authorized
				representative or attorney.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.150 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
Any person either involved in or entitled to participate in
				  proceedings may appear as follows:
a)
				A natural person may appear in his own behalf or by an attorney at law licensed
				to practice in the State of Illinois, or both;
b) A business, non-profit or governmental
				organization may appear by any officer, employee, or representative, or may be
				represented by an attorney licensed to practice in the State of Illinois, or
				both;
c) Any attorney appearing in
				a representative capacity shall file a written notice of appearance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.160 - Complaint Relating to Violations of the Act or of the Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints shall be delivered in writing either personally or
				  by certified United States Mail to the person, business, corporation, or agency
				  charged with responsibility for such violation. Certification of any safety
				  lane may not be withdrawn unless the person, agency, business or corporation
				  operating said safety lane is granted a hearing in conformance with Section
				  13-108 of the Act or unless said safety lane operator voluntarily waives a
				  hearing within twenty (20) days from the date notice of the violation is given
				  to the operator by the Department.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.170 - Filing of Responsive Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
Responsive pleadings in answer to the notice and complaint
				  which have been filed and served upon a party defendant in accordance with
				  Section
				  450.160
				  shall be filed with the Director of the Division of Traffic Safety of the
				  Department of Transportation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.180 - Waiver of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Persons not desiring a hearing on the issues or charges
				  alleged in the complaint, but who do not wish to be found in default on the
				  complaint, may file a voluntary waiver of hearing setting forth the fact of the
				  waiver.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart A - PROCEDURAL RULES › Section 450.190 - Effect of Waiver of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Persons filing a voluntary waiver of hearing may subject
				  themselves to a ruling by the Secretary resulting in a suspension or revocation
				  of their permit subject to the discretion of the Secretary after all the
				  allegations have been reviewed by the Secretary.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart B - HEARINGS › Section 450.210 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of violation of either the Act or the regulations
				  shall be given in a manner prescribed by Section 13-108 of the Act and will be
				  a part of the Illinois Uniform Citation & Complaint form, referred to
				  herein below (See Appendix), and shall include a time and place for hearing,
				  which shall be at a time not less than thirty (30) days after the date on which
				  notice was received by the respondent.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart B - HEARINGS › Section 450.220 - Place of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings for alleged violation(s) of either the Act or 92
				  Ill. Adm. Code, Chapter I, Subchapter (e) or both occurring in Boone, Bureau,
				  Carroll, Cook, DeKalb, DuPage, Grundy, Henry, Jo Daviess, Kane, Kankakee,
				  Kendall, Lake, LaSalle, Lee, McHenry, Ogle, Rock Island, Stephenson, Whiteside,
				  Will, and Winnebago Counties shall be held at the offices of the Department at
				  201 West Center Court, Schaumburg, Illinois. Hearings for alleged violation(s)
				  of either the Act or 92 Ill. Adm. Code, Chapter I, Subchapter (e) or both
				  occurring in Alexander, Clay, Clinton, Edwards, Franklin, Gallatin, Hamilton,
				  Hardin, Jackson, Jefferson, Johnson, Lawrence, Marion, Massac, Monroe, Perry,
				  Pope, Pulaski, Randolph, Richland, Saline, St. Clair, Union, Wabash,
				  Washington, Wayne, White and Williamson Counties shall be held at the offices
				  of the Department at 2801 West Murphysboro Road, Carbondale, Illinois. Hearings
				  for alleged violation(s) of either the Act or 92 Ill. Adm. Code, Chapter I,
				  Subchapter (e) or both occurring in any other county shall be held at the
				  Department's offices located at 3215 Executive Park Drive, Springfield,
				  Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart B - HEARINGS › Section 450.230 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer, who shall be appointed in accordance
				  with the Act by the Secretary of Transportation, shall conduct all hearings and
				  take any and all necessary action to avoid delay, maintain order, and to insure
				  development of a complete record. He shall have all the powers necessary but
				  not limited to the following:
a)
				Require prior submission of expert testimony and exhibits in writing;
b) Require all parties to state their
				position with respect to the complaint;
c) Administer oaths and
				affirmations;
d) Examine witnesses
				and direct witnesses to testify;
e)
				Regulate the course of the hearing;
f) Rule on all matters of evidence and
				procedure and make findings of fact and law;
g) Issue subpoenas to compel attendance of a
				witness at a hearing;
h) Make a
				finding of fact and law which shall become a part of the record and which shall
				be forwarded to the Secretary for final disposition.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.310 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
All proceedings undertaken by the Department shall be
				  commenced by the service of a notice and complaint upon all respondents and the
				  filing of copies of said notices of complaint with the Director; providing,
				  however, all filings are to be made within the times hereinabove set
				  forth.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.320 - Contents of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
The complaint shall be in the form provided by the Illinois
				  Uniform Citation and Complaint form, and shall contain:
a) A statement of the date, time and location
				where the hearing shall be held;
b)
				A reference to the provisions of the Act or the regulations of which the
				respondents are alleged to be in violation;
c) A statement of the relief which the
				complainant seeks.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.330 - Motions and Answers

Current through Register Vol. 48, No. 28, July 12, 2024
Any respondent may file an answer not later than ten (10)
				  days prior to the date of the hearing. All motions preliminary to a hearing
				  shall be presented to the Director at least ten (10) days prior to the date of
				  said hearing except when said time requirement is excused by the
				  Director.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.340 - Motions to be in Writing

Current through Register Vol. 48, No. 28, July 12, 2024
All motions shall be in writing and be accompanied by any
				  affidavits or other evidence relied upon in said motion unless the motion is
				  made orally on the record during the course of a hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.350 - Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
A respondent may participate in the proceedings without
				  forfeiting any jurisdictional objection, if such objection is raised at or
				  before the time the respondent files his initial pleading or motion, or, if no
				  pleading or motion is made, before the commencement of a hearing; otherwise
				  appearance either for purposes of motions or otherwise pleading shall subject
				  the respondent to the full jurisdiction of the hearing
				  officer.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.360 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
Upon timely written application, the hearing officer shall
				  allow any person to intervene in a revocation or suspension proceeding, subject
				  to the necessity for conducting an orderly and expeditious hearing, when either
				  of the following conditions is met:
a)
				When the applicant is so situated that he may be adversely affected by a final
				order of the Secretary;
b) When an
				applicant's claim or defense and the hearing proceeding have a question of law
				or fact.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.370 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Two (2) copies of a Petition for Intervention shall be filed
				  with the Director and one (1) copy served on each party not later than
				  forty-eight (48) hours prior to the date set for hearing of the matters set
				  forth in the complaint. The hearing officer may permit a later intervention
				  when there is good cause for the delay.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.380 - Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receiving permission by the hearing officer to act as
				  intervenor, the intervenor shall enjoy any and all rights inuring to an
				  original party in the hearing provided, however, that the hearing officer may
				  order the intervenor to be bound by any rulings made by the hearing officer
				  prior to the time of intervention which may affect the issues to be considered
				  after the hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart C - COMPLAINT › Section 450.390 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
All motions for continuances must be made in writing and
				  shall be granted where the hearing officer is satisfied that to deny a motion
				  for continuance would result in an inequitable and unreasonable hardship to the
				  movant.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart D - PROCEDURE IN HEARINGS › Section 450.410 - Order of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
All hearings shall proceed in the following order:
a) Opening statements by the parties with the
				complainant having the right to open;
b) The complainant's case in chief;
c) The respondent's case in chief;
d) Complainant's rebuttal case;
e) Respondent's closing arguments;
f) Complainant's closing arguments.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart D - PROCEDURE IN HEARINGS › Section 450.420 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
				motion by any party, the hearing officer, in order to allow each party a fair
				opportunity to prepare for the hearing, shall allow discovery of the following:
1) Production of any documents including
				business records relating to the issues in the complaint;
2) Depositions of any parties or
				witnesses;
3) Written
				interrogatories of any parties or witnesses.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart D - PROCEDURE IN HEARINGS › Section 450.430 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Where there has been proper notice of a hearing, the failure
				  of any party to appear at the appointed time set for hearing, or the failure of
				  any party to properly plead after due notice has been given, shall subject the
				  party to be ruled in default by the hearing officer. Upon good cause being
				  shown, however, within thirty (30) days of the entry of a default upon any
				  party, the hearing officer, after due consideration of the grounds excusing the
				  defaulted party, may order the default judgement to be vacated and set aside,
				  and may order a new hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart E - FILING OF ORDER › Section 450.510 - Final Orders

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the hearing of all of the evidence and upon due
				  consideration of any and all motions filed, and after being fully advised in
				  the premises, the hearing officer shall make a full and complete written
				  finding of fact and law. Said finding, which shall be set forth as the hearing
				  officer's findings and recommendations, together with the verbatim transcript
				  of the proceedings, shall be filed within thirty (30) days after the receipt of
				  transcript by the hearing officer with the Secretary. The Secretary shall then
				  make a final determination of the issues involved and shall within twenty (20)
				  days after receipt of the hearing officer's opinion inform all parties in
				  writing of his determination. Said determination shall constitute a final
				  order. A copy of the verbatim transcript and hearing officer's findings and
				  recommendations shall accompany the final order furnished all parties of
				  record.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart F - GENERAL RULES › Section 450.610 - View of Testing Station

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the timely motion of any party or upon the hearing
				  officer's own motion, the hearing officer may view the official testing station
				  which is the subject of the complaint.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart F - GENERAL RULES › Section 450.620 - Judicial Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Judicial notice may be taken of any and all facts which may
				  be normally allowed if taken in a Circuit Court of the State of Illinois and
				  which are within the knowledge and experience of the hearing
				  officer.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart F - GENERAL RULES › Section 450.630 - Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
Upon timely application to the Director by any party, or on
				  the motion of the hearing officer, the hearing officer may issue a subpoena for
				  attendance at a hearing held under these rules, as well as at a deposition held
				  pursuant to these rules which deposition may include an order to produce books,
				  records or other tangible items of an evidentiary nature necessary to the
				  disposition of the issues raised in the complaint; provided, however, that upon
				  a showing of the unreasonableness or irrevelancy of a subpoena which may be
				  quashed by the hearing officer.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart F - GENERAL RULES › Section 450.640 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Appeal of any final order entered by the Secretary shall be
				  made in accordance with the Administrative Review Law of the State of Illinois
				  (Ill. Rev. Stat. 1981, ch. 110, par. 3-101 et seq.).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 450 - COMMERCIAL VEHICLE SAFETY SECTION HEARINGS › Subpart F - GENERAL RULES › Appendix A - Illinois Citation and Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
C/C No. 1753
#1 COMPLAINT
VEHICLE INSPECTION COPY
Hearing Docket No.
				  ______________________
State of Illinois
County of
				  _________________________________________________________________
City or Township of
				  __________________________________________________________
People of the State of Illinois, Plaintiff v.
Name
				  _____________________________________________________________________
Defendant Certified Mechanic
				  Owner/Operator
Lane Name
				  _________________________________________________________________
Address
				  ____________________________________________________________________
City & State
				  __________________________________________________________________
Veh. Test. Station No.
				  ___________________________________________________________
Certified Mechanic Permit No.
				  ______________________________________________________
The undersigned says that on
				  ___________________/________________/____________________
Month  Day
				   Year
at ___________________ a.m./p.m. defendant did
				  unlawfully:
Violate Section _______ of the Illinois Vehicle
				  Code
in that he:
				  _____________________________________________
Violate Section ___________________of the Illinois Rules
				  & Regulations Inspection_________
Manual in that he:
				  ______________________________________________________
______________________________________________________________________
______________________________________________________________________
_______________Dated________________
				  /________________/__________________
Month  Day
				   Year
Inspector's Signature
				   I.D. Number
If you choose to appear to answer to the above charges,
				  report to:
______________________________________________________________________
on ________________ /________________/__________________ at
				  _______ a.m./p.m.
Month  Day
				   Year
In the event I fail to appear, I hereby consent to the entry
				  of an exparte judgment against me and assessment of whatever fines or
				  determination may be assessed against me.
Signature______________________
Title _________________
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.10 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part prescribes the requirements of the Illinois
				Department of Transportation governing:
a) Implementation of Article VIII, the
			 Illinois Vehicle Equipment Law (Ill. Rev. Stat. 1991, ch. 951/2, pars. 12-800
			 et seq.) [625 ILCS 5/12-800 et seq.];
b) Implementation of the Illinois Vehicle
			 Inspection Law (Ill. Rev. Stat. 1991, ch. 951/2, pars. 13-100 et seq.) [625
			 ILCS 5/13-100 et seq.];
c)
			 Operations of Official Testing Stations;
d) Inspection procedures for school
			 buses;
e) Inspection procedures for
			 special education school buses; and
f) Performance of the daily pre-trip
			 inspection by school bus drivers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.20 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to the following persons:
1)
			 Department personnel;
2) Owner(s)
			 of Official Testing Stations;
3)
			 Employees of Official Testing Stations;
4) School bus operation managers;
5) School bus drivers; and
6) Persons authorized to perform inspection
			 and maintenance of school bus braking systems.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.25 - Incorporation by Reference of Federal Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever this Part refers to the Code of Federal Regulations
				and that reference incorporates the federal regulations by reference, the
				federal regulations incorporated shall be that which was effective as of
				October 1, 1991, not including any later amendments or editions. Copies of
				appropriate federal regulations are available for inspection at the
				Department's Commercial Vehicle Safety Section.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.30 - Standards of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 "Shall" and "must" are used in the imperative sense. "Shall" imposes an
			 obligation to act. "Must" defines a condition that is to be satisfied. "May"
			 allows permissiveness under terms specified in the standards. "Will" indicates
			 intention, promise or willingness.
b) Words imparting the masculine gender
			 include the feminine.
c) Changes in
			 the administration of the State school bus inspection program and changes to
			 federal and state law have caused the purchase or manufacture date of school
			 buses to be critical in the application of this Part. The effective dates for
			 some of these standards will vary.
1)
			 Exemptions to some standards are provided for school buses purchased prior to
			 September 1974, the effective date of the Department's "Vehicle Inspection
			 Stations Governing School Buses."
2) Exemptions to some standards are provided
			 for school buses manufactured prior to March 1977, the date of the Department's
			 Order "Minimum Safety Standards for Construction of Type I School
			 Buses."
3) Exemptions are provided
			 for Type II school buses manufactured prior to October 1978, the date of the
			 Department's Order "Minimum Safety Standards for Construction of Type II School
			 Buses."
4) Some standards are
			 identified with other effective dates. These standards are applicable to all
			 school buses manufactured or purchased after the identified date or during the
			 time frame specified.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 451 - ADMINISTRATIVE REQUIREMENTS FOR OFFICIAL TESTING STATIONS › Section 451.40 - Address for Correspondence

Current through Register Vol. 48, No. 28, July 12, 2024
All business and correspondence pertaining to the operation of
				an Official Testing Station and vehicle inspections shall be addressed
				to:
Department of Transportation
Division of Traffic Safety
Commercial Vehicle Safety Section
P. O. Box 19212
Springfield, Illinois 62794-9212