reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart D - PROGRAM MANAGEMENT › Section 653.350 - Downstate Transit Improvement Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as otherwise provided in Section
				2-15 of the Act, all funds that remain in the Downstate Public Transportation
				Fund or the Metro-East Public Transportation Fund after the payment of the
				fourth quarterly payment to participants other than Metro-East Transit District
				participants and the last monthly payment to Metro-East Transit participants in
				each fiscal year shall be transferred to the Downstate Transit Improvement
				Fund. Transfers shall be made no later than 90 days following the end of the
				fiscal year. Beginning fiscal year 2010, all moneys each year in the Downstate
				Transit Improvement Fund, held solely for the benefit of the participants in
				the Downstate Public Transportation Fund, shall be appropriated to the
				Department to make competitive capital grants to the participants of the
				respective funds. However, such amount as the Department determines to be
				necessary for allocation to participants for the purposes of Section 2-7 of the
				Act for the first quarter of the succeeding fiscal year and an amount equal to
				2% of the total allocations to participants in the fiscal year that just ended
				to be used for the purpose of audit adjustments shall be retained in such funds
				to be used by the Department for such purposes. (Section 2-15 of the
				Act)
b) Competitive capital grants
				shall not be available for projects, purchases or purposes that are not:
1) required for the provision of public
				transportation;
2) identified in
				the Department's annual Capital Needs Assessment, which can be obtained from
				the Division of Public and Intermodal Transportation;
3) identified in the comprehensive long range
				or short range planning documents in the region for which the applicant is a
				part; and
4) in accordance with the
				guidelines set forth in the Department's Procedural Handbook for Public
				Transportation Capital Improvement Grants, which can be obtained from the
				Division of Public and Intermodal Transportation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.400 - Year End Operating Data Report

Current through Register Vol. 48, No. 28, July 12, 2024
On or before August 1 following the fiscal year for which the
				  participant has received State operating assistance under the Act, the
				  participant shall file the Year End Operating Data Report with the Department.
				  The report shall be on a form prescribed by the Department and shall include at
				  a minimum:
a) operators' and other
				employees' salary and wages by position;
b) vehicle use; and
c) passenger trips by service type, passenger
				category and fare category. (See Section 2-4 of the Act.)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.410 - Independent Audit Requirements and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Deadline for Submission of Audit
No later than 180 days following the last day of the fiscal
				  year, the participant shall provide the Department with an independent audit
				  prepared by a licensed certified public accountant. This deadline may be
				  changed, at the discretion of the Department, to accommodate the participant's
				  fiscal year periods or due to unforeseen circumstances. (See Section 2-7(c) of
				  the Act.)
b) Selection of
				Auditor
The selection of the licensed certified public accountant
				  shall be made by the participant. However, any licensed certified public
				  accountant selected by the participant shall be independent and shall not have
				  a relationship with the participant that would create a conflict of interest. A
				  conflict of interest will be deemed by the Department to exist where the
				  licensed certified public accountant serves the participant in any capacity
				  other than that of auditor for the participant or where the licensed certified
				  public accountant has a relationship, contractual or otherwise, with the
				  participant that would inhibit the ability to perform an independent
				  audit.
c) Audit
				Requirements
1) The independent auditor shall
				review the following materials in preparing the audit report:
A) the Act;
B) the grant contract between the Department
				and participant;
C) this Part and
				pertinent forms prescribed by the Department; and
D) the appropriation legislation relating to
				the operating assistance grant.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.420 - Review of Independent Audit

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will review the independent audit to assure
				  that the requirements of Subpart E have been met and will notify the
				  participant and the independent auditor of any errors or omissions in the audit
				  and any issues raised by the independent audit requiring clarification or
				  revision.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.430 - State Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall perform a reconciliation, known as the State reconciliation,
				of the participant's financial records and the audit performed by the
				independent auditor submitted by the participant with its own forces or by
				contracting with an independent licensed certified public accountant solely at
				the expense of the Department. Any reconciliation under this Section shall
				begin no later than three years following the last day of the fiscal year that
				is being audited. The Department will perform a State reconciliation on all
				grants. The State reconciliation will be done after the Department receives the
				independent audit. The Department will give written notice to the participant
				of the dates scheduled for the State reconciliation, which shall be a time
				agreed upon by the grantee and the Department.
b) The independent auditor and the
				participant shall work with the Department in resolving any issues raised by
				the State reconciliation. Any issues that cannot be resolved to the mutual
				agreement of the Department, the participant and/or independent auditor shall
				be decided by the Department consistent with the Act, this Part and the
				Department's application and interpretation of generally accepted accounting
				principles adopted by the AICPA.
c)
				Upon resolution of the issues according to the procedures provided in
				subsection (b), the Department will issue a final State reconciliation report
				to the participant. Except for cases of fraud, the final State reconciliation
				report shall represent the final decision of the Department.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.440 - Corrective Action by Participant

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the independent audit, reconciliation process, or
				  State Compliance Review discloses significant weaknesses, irregularities and
				  areas of noncompliance (i.e., failure by the grantee to act in accordance with
				  any of the terms and conditions of the grant contract or State law, including
				  by way of example and information only and not by way of limitation, conflicts
				  of interest, falsification of records or reports and inadequate internal
				  controls), the participant shall correct the weaknesses, irregularities and
				  noncompliance consistent with the corrective recommendations of the independent
				  audit or State reconciliation. "Inadequate" means unable to meet the
				  requirements of State laws, this Part, and the terms of the grant
				  contract.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.450 - Reconciliation of Payments

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will reconcile the amounts paid to the
				  participant consistent with the participant's audit and the Department's final
				  State reconciliation report. The Department will take the necessary steps to
				  pay the participant any amounts due to the participant for the reconciled
				  fiscal year. If the reconciliation reflects that the Department has overpaid
				  the participant, then the Department shall notify the participant in writing of
				  the amount due and request remittance. If the participant received actual
				  payments that are less than the amount specified by the State reconciliation
				  then the Department will pay the difference.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart E - AUDIT PROCEDURES/GRANT CLOSEOUT › Section 653.460 - Grant Closeout

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall consider the grant closed when the final
				  reconciliation payment is made, either by the Department or the participant, as
				  provided in Section
				  653.440.
				  The Department shall send notification to the participant that the grant is
				  closed. At the discretion of the Department, several years of audit
				  reconciliation balances may be combined to allow for one payment to reconcile
				  minor annual reconciliation balances.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 653 - STATE OPERATING ASSISTANCE TO DOWNSTATE AREAS › Subpart F - MISCELLANEOUS PROVISIONS › Section 653.500 - Access to and Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The participant shall make available to
				any authorized representatives of the Department any and all checks, payrolls,
				invoices, contracts, vouchers, accounting and financial documents,
				correspondence, bills, accounts payable and receivable and data pertaining to
				the participant's operating expenses and revenues.
b) The participant shall maintain all
				financial records and documents pertaining to public transportation operating
				expenses and revenues for a minimum period of three years following the last
				day of the fiscal year or until notification by the Department that the grant
				is closed, whichever is later.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart A - INTRODUCTION › Section 800.10 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The Department has the power to enter into agreements to loan
				  or grant state funds to any railroad, unit of local government, rail user, or
				  owner or lessee of a railroad right-of-way to rehabilitate, improve or
				  construct rail facilities. (Ill. Rev. Stat. 1985, ch. 127, par. 49.25 g-1) The
				  purposes of the program are to preserve private sector rail service on freight
				  lines and to promote economic development through the retention and development
				  of rail-dependent industry. The program is administered by the Illinois
				  Department of Transportation, Bureau of Railroads. These rules contain the
				  Illinois Department of Transportation's requirements for rail freight capital
				  improvement projects and the management and administration of the projects
				  funded under this program.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart B - ELIGIBILITY PROCESS › Section 800.110 - Review of Proposed Project

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A person or entity asking for assistance shall submit a formal, written request
				for State assistance to the Illinois Department of Transportation, Chief,
				Bureau of Railroads. Technical assistance is offered on request in the form of
				explaining the rights and duties of potential grant or loan recipients under
				federal abandonment regulations (
				49 U.S.C.
				109 ) and the provision of engineering
				estimates or design plans (or verification of same) for projects.
b) Following the receipt of the request, the
				Department will immediately commence an analysis of the potential benefits and
				costs of each proposed project. Each proposed investment option will be
				analyzed by the Bureau of Railroads.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart B - ELIGIBILITY PROCESS › Section 800.120 - Project Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Economic Analysis
1) The Department will
				gather background, historical or projected cost and revenues on the line,
				including on-line and off-line costs, maintenance expenditures, and
				administrative overhead. Current or proposed operation including service
				frequency, crew size and engines are incorporated.
2) The Department will use shipper-provided
				information to estimate the impacts due to loss of rail service or benefits of
				new or improved rail service, including actual and projected car loadings,
				employment impacts and transportation costs.
3) The Department will use the information
				obtained in Section
				800.120(a)(2)
				to determine the total benefits to be realized from the proposed project over a
				project life of at least five years which reflects a minimum service or use
				commitment required for State investment.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart B - ELIGIBILITY PROCESS › Section 800.130 - Public Review of State Rail Plan Update

Current through Register Vol. 48, No. 28, July 12, 2024
a) The detailed line analyses will be
				published in the State Rail Plan Update or as individual amendments thereto.
				They will be available for public review from the Department. Notification of
				updates and amendments will be placed in the official State paper and project
				area local papers. This will provide all interested parties with the
				opportunity to review each project analyzed and understand the benefits and
				cost associated with each project. The State Rail Plan Update will contain the
				following items:
1) Documentation of any
				changes in Department rules which may affect the plan.
2) Evaluations of the efficacy of the
				project(s) for employment retention or development associated with continued or
				new rail services as described in Section
				800.20 under "Economic
				Benefits."
3) Updated information
				from previous published plans or amendments (if any) which have been found to
				be incomplete or incorrect as a result of actions on the part of shippers,
				railroads, or units of local government.
4) A list of lines abandoned or services
				which have been discontinued since the last submission of the Plan
				Update.
5) Changes in State
				legislation affecting State funds for rail purposes.
6) Other updates and analyses as may be
				appropriate as a result of actions by railroad companies, the Interstate
				Commerce Commission, or other State agencies, such as:
A) changes in System Diagram Maps produced by
				railroads;
B) petitions for
				abandonment under
				49 U.S.C.
				109(1985) or Ill. Rev. Stat.
				1985, ch. 951/2, pars. 18C-1701 et seq., or Interstate or Illinois Commerce
				Commission actions on such petitions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart B - ELIGIBILITY PROCESS › Section 800.140 - Determination of Project Potential

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the thirty day review period,
				the Department will use the line analysis and the record of written and oral
				public comments to reevaluate and, if necessary, amend its project
				analysis.
b) Eligible projects will
				be funded in the order that the applicant submits completed acquisition of
				right-of-way agreements, railroad service agreements, and additional funding
				agreements, if necessary as funds are available.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.310 - Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The recipient
				shall use its best efforts (as outlined in (b), (c), (d) and (e)) below to
				coordinate the construction and purchase of the itemized materials in the
				stated quantities at or below the estimated prices listed in the contract. In
				the event actual prices are less than or more than the estimates contained in
				the contract, the Department will authorize the recipient to internally adjust
				the line item budgets up or down to maximize purchasing power. An internal
				adjustment is one that affects the unit price of the elements of a line item.
				The Department will permit these adjustments when the request is verified via
				an engineering evaluation. Such adjustments are necessary to account for
				changes in unit prices (and therefore the line item total) which may vary by
				quantity and with the passage of time. These adjustments shall not increase the
				State's funding. Any upward internal adjustment of line item budgets over ten
				percent shall require an amendment to the contract. Authorization is required
				to assure that line item adjustments are not, in the case of lowering the unit
				price, resulting in the purchase of inferior or substandard materials. In the
				case of raising the unit costs, authorization is required to assure that line
				item adjustments are not resulting in the purchase of materials at costs
				greater than available elsewhere, or for materials that exceed project
				specifications. Downward adjustments of more than ten percent may occur with
				the Department's permission.
b) The
				recipient shall, to the extent of its ability and consistent with the other
				provisions of the contract, take all cash and trade discounts, tax exemptions
				or other credits in connection with goods and services purchased or used on any
				approved project or task. The recipient may procure goods and services from the
				recipient's stocks or under long-term continuing supply contracts.
c) All procurement transactions, regardless
				of whether by sealed bids or by negotiation and without regard to dollar value,
				shall be conducted in a manner that provides maximum open and free competition
				with these requirements:
1) that no fewer
				than three bidders will be solicited unless fewer than three bidders can be
				identified; and
2) that the lowest
				bid responding to the bid requirements is selected.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.320 - Financing the Project

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department will make available to the recipient in the form of a loan or grant,
				such funds in such amounts as are necessary to finance the project. The
				Department generally offers funds in the form of a loan except for one or more
				of the following reasons:
1) When the
				offering of a grant instead of a loan affects the projects viability;
2) When the offering of a grant instead of a
				loan attracts investment by another party or parties greater than the State's
				investment;
3) When the offering of
				a grant instead of a loan is necessary due to a recipient's limited ability to
				repay loan amounts;
4) When the
				offering of a grant instead of a loan is warranted because the projected
				profitability of the rail operation subsequent to the rehabilitation,
				improvement or construction provides insufficient return to cover the repayment
				of loaned funds; and
5) When the
				offering of a grant instead of a loan is warranted because of the high level of
				public, transportation, and economic benefits which will accrue as a result of
				the project.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.330 - Use and Maintenance of Property

Current through Register Vol. 48, No. 28, July 12, 2024
The property which is constructed, improved or rehabilitated
				  under the contract is to be used in conjunction with rail freight service for a
				  minimum of five years following project completion or while any funds loaned by
				  the Department remain unrepaid. The property must also be maintained at the
				  level established in the contract for a minimum of five years or while any
				  funds loaned by the Department remain unrepaid.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.340 - Ownership of Material and Property Management

Current through Register Vol. 48, No. 28, July 12, 2024
All materials financed with State funds provided under the
				  contract shall be owned by the recipient. In the event the recipient invoices
				  the Department under Section
				  800.380 for materials
				  prior to installation of said materials, the recipient shall not, for the
				  period that such materials are held in inventory, sell, lease, assign,
				  mortgage, or otherwise transfer its interest in the materials without prior
				  written approval of the Department. Approval will be granted when the transfer
				  is made subject to the State's security interest.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.350 - Security Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall retain a purchase money security interest on all such rail and
				ties, purchased with State funds under the contract. The Department will
				perfect said security interest at its own expense.
b) All loan recipients shall grant the
				Department a first mortgage on rail and ties financed with State funds provided
				under the contract. The recipient shall be responsible for preparing mortgage
				documents enforceable by the Department and filing executed mortgage documents
				with the appropriate Recorder(s) of Deeds. The recipient shall provide the
				Department with legal descriptions of the property on which rail and ties are
				to be installed.
c) The
				Department's obligation to make payments to the recipient under Section
				800.380 is expressly
				conditioned upon prior receipt by the Department of the above-described
				mortgage documents and legal descriptions. The recipient shall provide the
				Department with an inventory identifying materials financed with State funds.
				Ties and rail shall be identifiable by distinctive durable mark or brand. Upon
				full payment and satisfaction of all of the recipient's liabilities under the
				contract, the Department will provide the recipient with a written release of
				its security.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.360 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Default under the contract shall occur if a loan recipient
				  fails to make any payment to the Department as required by the contract. Upon
				  the occurrence of such a default, the Department will have the right to
				  foreclose.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.370 - Monitoring of Work

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				During construction, the Department or its representatives will monitor work in
				progress to verify that all work items are being done to contract
				specifications.
b) The Department
				shall have the right to have one or more of its representatives present on the
				work site during working hours. Upon a minimum of 24 hours notice, the
				recipient shall allow the Department to visit the project site and inspect all
				books and records of the recipient relating to the project.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.380 - Payments

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will make payments, only for materials
				  purchased or work completed, within ninety days of the receipt by the
				  Department of itemized invoices showing a balance due to the recipient. The
				  Department will make payment provided that the invoices are appropriately
				  supported by supplemental information which shows an itemization of labor
				  performed, materials procured and installed, and special equipment
				  employed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.390 - Retainage

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall retain up to ten percent of its total
				  share of a project as follows: For projects of less than $25,000, no retainage
				  shall be employed, for projects of more than $25,000, but less than $500,000,
				  ten percent shall be retained. For projects of $500,000 or greater, five
				  percent shall be retained. The following are the two instances when the State's
				  retainage is released:
a) if the State
				is financing only part of the project, the retainage shall be released to the
				recipient within ninety calendar days of when the Department's engineer
				verifies that the State's share of the project has been completed, and the
				remaining portion of the project is proceeding on schedule. If the remaining
				portion of the project is not on schedule, then the State will hold the
				retainage until total project completion; and
b) if the State is financing the total
				project, the retainage will be released to the recipient within ninety days
				after the Department's engineer has approved total project
				completion.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.400 - Indemnity

Current through Register Vol. 48, No. 28, July 12, 2024
If any loss, damage, destruction, injury or death occurs to
				  any person or property as a result of or in the course of the performance by
				  recipient of its obligations under the contract, (including acts or omissions
				  of a contractor) whether intentional or unintentional, recipient agrees to
				  indemnify and hold harmless the State from any and all liability of State which
				  may result from any such loss, damage, destruction, injury or death, including
				  all related costs and legal fees; provided, however, that recipient is not
				  obligated to indemnify and hold harmless the State from liability for injury or
				  death when the injury or death is caused by the negligence or intentional act
				  of an employee or agent of the State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.410 - Project Audit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon a minimum 24-hour notice, the recipient shall allow the Department to
				inspect all books and records of the recipient relating to the project or task
				receiving funds under the contract. The recipient shall maintain the following
				until the expiration of three years after the project completion:
1) records that identify the expenditure of
				funds for the projects;
2)
				supporting source documents;
3)
				records that are required for the recipient to show compliance with the
				contract; and
4) records necessary
				to disclose fully the amount and disposition of funds provided under the
				contract and charged to an approved project or task, evidencing in detail the
				nature and propriety of the charges, the total cost of each undertaking for
				which the assistance was loaned or granted, the amount of the costs of the
				undertaking supplied by other sources, and books, records, and documents needed
				for a full and complete verification of recipient's obligations and
				responsibilities and all payments and charges under the contract. These records
				include bid specifications, bid advertisement, bids received, copies of
				contracts and subcontracts, detailed billings, work schedules, labor time
				sheets, invoices of materials procured, an inventory of materials installed,
				and invoices of special equipment.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.420 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recipient's
				Termination:
The recipient shall have the right to terminate the contract
				  in the event of a material breach of the contract by the Department. The
				  recipient shall provide the Department with thirty days written notice in the
				  exercise of its rights under this provision. The recipient will repay loaned
				  amounts according to contract repayment provisions. The recipient will not be
				  required to repay funds granted prior to termination.
b) Suspension of Funding or Termination by
				Department:
The Department shall have the right to suspend funding of the
				  project at any time and for so long as recipient is in material breach of the
				  contract as provided in Section
				  800.430(a)
				  or in any way fails to substantially comply with material terms and conditions
				  of the contract. If the Department determines that noncompliance cannot be
				  cured then the Department shall terminate the contract upon thirty days written
				  notice.
c) If the State
				exercises its right to terminate the contract, then all amounts loaned or
				granted shall be repaid to the State. If, for whatever reason, the loan
				recipient exercises its right to terminate the contract, then all amounts
				loaned shall be repaid to the State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.430 - Material Breach

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Recipient:
Material breach under the contract will occur in the
				  following instances:
1) any sale or
				disposition of the rail facility (track and materials) which is not approved in
				writing by the Department;
2)
				failure to maintain the property at the level to which it was rehabilitated,
				improved or constructed, as provided in Section
				800.330;
3) failure to use the property for rail
				service, as provided in Section 800.330;
4) filing of an application for abandonment
				under
				49 U.S.C.
				109(1985) or Ill. Rev. Stat.
				1985, ch. 951/2, pars. 18C-1701 et seq. in the Interstate Commerce Commission
				or the Illinois Commerce Commission (92 Ill. Adm. Code 1520); and
5) failure to comply with any portion of the
				contract involving the rights or obligations of the parties.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.440 - Force Majeure

Current through Register Vol. 48, No. 28, July 12, 2024
In the event that the recipient or a contractor is delayed,
				  hindered in, or prevented from the performance of any act required by the
				  contract by reason of any of the following:
a) strikes, lockouts, labor
				troubles;
b) unduly harsh weather
				conditions, not including foreseeable and ordinary adverse weather conditions
				such as rain and snow, which prevent the normal performance of the
				rehabilitation project;
c)
				inability to procure materials;
d)
				failure of power;
e) riots,
				insurrection, or war; or,
f) any
				Act of God;
the time of performance of such delayed party may be extended
				  for a time period equal to such delay.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.450 - Dispute or Disagreement

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief of the Bureau of Railroads of the Department shall
				  act as referee in all questions or disputes arising under the terms of a
				  contract. In the event a recipient is aggrieved by the decision of the Bureau
				  Chief, the recipient may appeal in writing to the Secretary, completely
				  outlining the nature and extent of the question or questions appealed together
				  with any supporting documentation. Department shall not delay resolution of any
				  such dispute or disagreement beyond 90 days. In the event that the recipient is
				  aggrieved by the decision of the Department, the recipient shall have the right
				  to seek appropriate remedies at law or in equity.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 800 - RAIL FREIGHT PROGRAM › Subpart C - PROJECT REQUIREMENTS › Section 800.460 - Amendments to a Contract

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Amendments to loan or grant contracts are considered in three instances:
1) when the Department and the recipient
				determine, through a field inspection by their engineer(s), that the
				construction or rehabilitation to be performed under an agreement exceeds that
				which is necessary to achieve the benefits of the project;
2) when the Department and the recipient find
				that construction or rehabilitation fails to meet that which is required to
				achieve the project benefits; or
3)
				when the Department and the recipient find that alterations and technical
				adjustments to the terms and conditions of an agreement would mutually benefit
				the signatories to the agreement and would not jeopardize the benefits
				underlying the project.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.10 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Department of Transportation (the Department) has
				the power to enter into agreements to loan or grant Federal and/or state funds
				to any railroad, unit of local government rail user, or owner or lessee of a
				railroad right-of-way to rehabilitate, improve or construct rail facilities.
				The Department also has the power to grant or loan funds to any rail users
				located on an abandoned line, to a unit of local government, or to an owner or
				lessee of an abandoned railroad right-of-way to undertake substitute service
				projects. (Section 49.25 g of the Civil Administrative Code of Illinois (Ill.
				Rev. Stat. 1987, ch. 127, par. 49.25g)) The purposes of the program are to
				preserve private sector rail service on freight lines and to promote economic
				development through the retention and development of rail-dependent industry.
				The program is administered by the Illinois Department of Transportation,
				Bureau of Railroads. This Part contains the Illinois Department of
				Transportation's requirements for Local Rail Service Assistance projects and
				for the management and administration of the projects funded under this
				program.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.20 - Incorporation by Reference of Federal Regulations and Federal Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
With respect to Local Rail Service Assistance (LRSA) project
				requirements, this Part incorporates by reference 49 CFR 255(1987), 49 CFR
				266(1987), not including any later amendments or editions, and "Grant Agreement
				for Local Rail Service Assistance Under Section 5 of the Department of
				Transportation Act" ( 49 U.S.C. 1654, as amended by the Local Rail Service
				Assistance Act of 1978), effective April 22, 1986. Copies of the federal
				regulations and grant agreement are available from the Chief, Bureau of
				Railroads, 2300 S. Dirksen Parkway, Springfield, Il. 62764.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.40 - Eligibility Process: Review of Proposed Project

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person or entity asking for financial
			 assistance shall submit a formal, written request for State assistance to the
			 Illinois Department of Transportation, Chief, Bureau of Railroads. Technical
			 assistance, moreover, is also offered and can encompass the Department's review
			 of engineering plans, project specifications and estimates for track
			 construction or rehabilitation, as well as assistance to those faced with a
			 downgrading or potential loss of rail freight service through
			 abandonments.
b) Following the
			 receipt of the request, the Department will immediately begin an analysis, as
			 described in Section
			 810.60, of
			 the potential benefits and costs of each proposed project. Each proposed
			 investment option will be analyzed by the Bureau of Railroads.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.50 - Criteria for Project Selection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department's role in selecting
			 projects is shaped by its commitment to preserving the private-sector rail
			 industry which serves and sustains the Illinois economy. The Department views
			 its primary role as a catalyst to private-sector solutions for local freight
			 service problems. While its ability to resolve local rail service problems is
			 limited by the availability of funds, the Department will select projects based
			 on the following criteria:
1) Lines with the
			 greatest potential for regional economic development or retention, measured in
			 the number and type of businesses, jobs and traffic that would be affected by a
			 project.
2) Lines with the greatest
			 potential for improving access to markets for Illinois agricultural products,
			 coal and industrial products.
3)
			 Lines in which the State's participation will leverage private investment and
			 which will benefit the State's economic growth by fostering permanent solutions
			 to rail service problems.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.60 - Project Analysis

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Economic Analysis
1) The Department will
			 gather background, historical or projected cost and revenues on the line,
			 including on-line and off-line costs, maintenance expenditures, and
			 administrative overhead. The Department will also evaluate the current or
			 proposed operation, including service frequency, crew size and
			 engines.
2) The Department will use
			 shipper-provided information to estimate the impacts due to loss of rail
			 service or benefits of new or improved rail service, including actual and
			 projected car loadings, employment impacts and transportation costs. The
			 Department will distribute shipper surveys to every shipper on a line to
			 determine existing and projected transportation needs for which State
			 assistance is requested. This proprietary information will be used to determine
			 impacts of the loss of, or failure to provide, service.
3) The Department will use the information
			 obtained in subsection (a)(2) to determine the total benefits to be realized
			 from the proposed project over a project life of at least five years, which
			 reflects a minimum service or use commitment required for State
			 investment.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.70 - Public Review of State Rail Plan Update

Current through Register Vol. 48, No. 28, July 12, 2024
a) The detailed line analyses will be
			 published in the State Rail Plan Update or as individual amendments thereto.
			 They will be available for public review from the Department. Notification of
			 updates and amendments will be placed in the official State newspaper and local
			 newspapers within the project area. This will provide all interested parties
			 with the opportunity to review each project analyzed and understand the
			 benefits and cost associated with each project. The State Rail Plan Update will
			 contain the following items:
1) Documentation
			 of any changes in Department rules which may affect the plan.
2) Evaluations of the efficiency of the
			 project(s) for employment retention or development associated with continued or
			 new rail services as described in Section
			 810.30
			 under "Economic Benefits."
3)
			 Updated information from previous published plans or amendments (if any) which
			 have been found to be incomplete or incorrect as a result of actions on the
			 part of shippers, railroads, or units of local government.
4) A list of lines abandoned or services
			 which have been discontinued since the last submission of the Plan
			 Update.
5) Changes in State or
			 federal legislation affecting funds for rail purposes.
6) Other updates and analyses as may be
			 appropriate as a result of actions by railroad companies, the Interstate
			 Commerce Commission, or other State agencies, such as:
A) Changes in System Diagram Maps produced by
			 railroads;
B) Petitions for
			 abandonment under
			 49 U.S.C.
			 109(1985) (the Revised
			 Interstate Commerce Act) or Sections 18C-1701 et seq. of the Illinois
			 Commercial Transportation Law (Ill. Rev. Stat. 1987, ch. 951/2, pars. 18C-1701
			 et seq.) or Interstate or Illinois Commerce Commission actions on such
			 petitions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.80 - Determination of Project Potential

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the thirty day review period,
			 the Department will use the line analysis and the record of written and oral
			 public comments to reevaluate and, if necessary, amend its project
			 analysis.
b) Eligible projects will
			 be contractually funded in the order that the applicant submits completed
			 acquisition of right-of-way agreements, railroad service agreements, and
			 additional funding agreements, if necessary, and as funds are available. No
			 eligible project will receive a loan or grant unless 100% funding is available
			 to ensure project completion.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 810 - LOCAL RAIL SERVICE ASSISTANCE PROGRAM › Section 810.90 - Retainage

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall retain up to ten percent of its total
				share of a project as follows: for projects of less than $25,000, no retainage
				shall be held; for projects of more than $25,000 but less than $500,000, ten
				percent shall be retained; for projects of $500,000 or greater, five percent
				shall be retained. The following are the two instances when the State's
				retainage is released:
a) If the State
			 is financing only part of the project, the retainage shall be released to the
			 recipient within ninety calendar days of when the Department verifies that the
			 State's share of the project has been completed, and the remaining portion of
			 the project is proceeding on schedule, as evidenced by the Department's
			 engineering inspection reports. (Engineering inspections are required in
			 accordance with the Department of Transportation Act ( 49 USC 1654, as amended
			 by the Local Rail Service Assistance Act of 1978)). If the remaining portion of
			 the project is not on schedule, then the State will hold the retainage until
			 total project completion; and
b) If
			 the State is financing the total project, the retainage will be released to the
			 recipient within ninety days after the Department's engineer has approved total
			 project completion. Total project completion is determined by the Department's
			 engineer and coincides with the completion of all work or line items found
			 within the project contract.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The definitions
			 in Chapter 1 of the Illinois Vehicle Code (IVC) [625 ILCS 5 ]
			 govern words and phrases in this Part and all Parts within 92 Ill. Adm. Code:
			 Chapter II unless the context clearly requires otherwise.
b) The definitions in Chapter 1 of the IVC
			 apply generally, and definitions appearing elsewhere in the IVC apply
			 specifically to the Chapter or Article or Section in which they are found.
			 [625 ILCS
			 5 ]
c) The
			 abbreviation "IVC" means The Illinois Vehicle Code [625 ILCS 5
			 ].
d) "Secretary" means the
			 Secretary of the State of Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.20 - Appointment of Subordinates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Secretary of State shall appoint a Deputy Secretary of State, Assistant
			 Secretary of State, a General Counsel, Directors, and Chief Deputy Directors
			 for the departments established by the Secretary, and other employees as may be
			 necessary to administer the provisions of the IVC.
b) The Secretary may further contract with
			 persons as necessary.
c)
			 Subordinate officers, assistants, and employees of the Office of the Secretary
			 of State are subject to the State Officials and Employees Ethics Act
			 [5 ILCS
			 430 ], the Secretary of State Merit Employment Code
			 [15 ILCS
			 310 ], Title 80, Parts 410 and 420 of the Illinois
			 Administrative Code, and the Secretary of State's Policy Manual. Contractors
			 shall be subject to the Secretary of State's Policy Manual.
d) The departments established by the
			 Secretary of State to administer the Illinois Vehicle Code pursuant to Sections
			 2-103, 2-104 and 2-115 of the Illinois Vehicle Title & Registration Law of
			 the IVC are:
1) The Department of Driver
			 Services
2) The Department of
			 Vehicle Services
3) The Department
			 of Accounting Revenue
4) The
			 Department of Police
5) The
			 Department of Administrative Hearings
6) The Department of Information
			 Technology
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.40 - Offices of the Secretary of State

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary of State shall maintain offices in the City of
				Springfield, and in such other places within the State of Illinois as necessary
				to properly administer the I.V.C.