reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart A - MISCELLANEOUS PROVISIONS › Section 1458.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act": the Personal Property Storage Act [240 ILCS 10
				  ].
"Commission": the Illinois Commerce Commission.
"Governmental fair license": a license issued to a fair or
				  fair association that is engaged in the storage of personal property for
				  compensation.
"License": a personal property warehouse license.
"Personal property warehouse": any location for storage of
				  personal property for compensation where access to the goods is controlled by
				  the warehouse operator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart A - MISCELLANEOUS PROVISIONS › Section 1458.20 - Classification of Personal Property Warehouses

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, a personal property warehouse
				  is classified according to the amount of storage space in that warehouse as
				  follows:
a) Class 1: for less than
				20,000 net square feet of floor space or for less than 50,000 net cubic feet of
				volume devoted to the storage of personal property;
b) Class 2: for 20,000 and less than 50,000
				net square feet of floor space or for 50,000 and less than 100,000 net cubic
				feet of volume devoted to the storage of personal property;
c) Class 3: for 50,000 and less than 100,000
				net square feet of floor space or for 100,000 and less than 200,000 net cubic
				feet of volume devoted to the storage of personal property;
d) Class 4: for 100,000 and less than 200,000
				net square feet of floor space or for 200,000 and less than 300,000 net cubic
				feet of volume devoted to the storage of personal property;
e) Class 5: for 200,000 and less than 300,000
				net square feet of floor space or for 300,000 and less than 400,000 net cubic
				feet of volume devoted to the storage of personal property;
f) Class 6: for 300,000 or more net square
				feet of floor space or for 400,000 or more net cubic feet of volume devoted to
				the storage of personal property.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart B - LICENSES › Section 1458.100 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications for personal property warehouse licenses shall be filed on forms
				provided by the Commission.
b)
				Incomplete or incorrect applications for licenses may be refused or rejected by
				the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart B - LICENSES › Section 1458.110 - Annual Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
All personal property warehouse licenses shall be renewed
				  annually. All licenses shall expire one year from the day the license was
				  issued by the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart B - LICENSES › Section 1458.120 - Suspension and Revocation of License

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission will suspend any personal property warehouse
				  license for failure to comply with this Part or the Act. Continued failure to
				  comply with the Act and this Part relating to personal property warehouses
				  shall result in the revocation of the license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart B - LICENSES › Section 1458.130 - Reinstatement of License

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to payment of the reinstatement fee in Section
				  1458.700(d)
				  and compliance with the Act and this Part, a personal property warehouse
				  license may be reinstated within one year after revocation. Licenses revoked
				  for greater than one year shall not be reinstated.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.200 - Warehouse Facilities and Operation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each personal property warehouse shall be
				suitable for the type of storage operations conducted at that warehouse.
				Warehouses shall be maintained and operated in a manner that will reasonably
				protect the stored property against loss or damage.
b) Except as otherwise provided in subsection
				(c) of this Section, a personal property warehouse is liable for damages for
				loss of or injury to the goods caused by failure to exercise care in regard to
				the goods as a reasonably careful person would exercise under like
				circumstances.
c) Damages may be
				limited by a conspicuous term in the warehouse receipt or storage agreement
				limiting the amount of liability in case of loss or damage, and setting forth a
				specific liability per article or item, or value per unit of weight, beyond
				which the warehouse shall not be liable; however, such liability may, on
				written request of the owner of the goods at the time of signing the storage
				agreement or within a reasonable time after receipt of the warehouse receipt,
				be increased on part or all of the goods. In this event, increased rates may be
				charged based on the increased valuation. No such limitation is effective with
				respect to the warehouse's liability for conversion to the warehouse's own
				use.
d) Reasonable provisions as to
				the time and manner of presenting claims and instituting actions based on the
				storage of the goods shall be included in the warehouse receipt.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.210 - Placement of Goods into a Self-Storage Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person shall place, or arrange to
				place, another person's goods into a self-storage warehouse facility unless the
				owner of those goods has possession of the key and access to the warehouse and
				the owner's name appears on the storage contract.
b) Except as otherwise provided in this
				subsection, no personal property storage shall be conducted for compensation on
				behalf of a customer at any location other than a licensed warehouse location.
				Notwithstanding this prohibition, personal property may, with the consent of
				the owner, be stored temporarily, for a period not to exceed 5 days, in a motor
				vehicle used to pick up or transport the property, provided the vehicle is
				parked on or adjacent to the lot where the licensed warehouse is
				located.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.220 - Inspection of Warehouse Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
A compliance inspection shall be conducted by Commission
				  staff prior to the issuance of a personal property warehouse license. The
				  inspection shall include, but not be limited to, a review of:
a) physical characteristics of the warehouse,
				including, but not limited to, the size, location and overall condition of the
				storage facilities;
b) types of
				goods stored;
c) proper storage of
				goods;
d) size of warehouse
				facility;
e) method of protection
				from fire;
f) method of protection
				from theft or burglary;
g)
				potential damage to stored goods by vermin, insects or water;
h) business organization records;
i) proper documentation of storage lots,
				including warehouse receipts;
j)
				advertising.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.230 - Posting of Personal Property Warehouse Sign

Current through Register Vol. 48, No. 28, July 12, 2024
Every personal property warehouse shall keep posted, at the
				  main outside entrance of each warehouse operated, a conspicuous sign that
				  clearly states the name of the warehouse and the license number issued by the
				  Commission and identifies that warehouse as a personal property
				  warehouse.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.240 - Advertising

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				this Section, the term "advertisement" means any advertisement, solicitation,
				or other communication with the public in relation to the offer or sale of
				Illinois personal property warehouse storage service. The term shall include
				advertisement by radio, television, internet, computer media or any other
				medium.
b) Each personal property
				warehouse shall include in every advertisement the full name of the warehouse
				as it appears on its Commission issued license. The advertisement shall also
				identify the warehouse by showing the license number assigned to the warehouse
				by the Commission.
c) Personal
				property warehouses shall not misrepresent the scope of services offered and
				made available to the public under authority of the license issued by the
				Commission.
d) No applicant for a
				personal property warehouse license shall advertise by any means until
				authority to operate has been issued by the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.250 - Standards for Forms of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Personal property warehouses shall accept payment tendered in the following
				forms:
1) Cash;
2) Cashier's check; or
3) Money order.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart C - WAREHOUSE OPERATIONS › Section 1458.260 - Notification to Customers of Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
If a personal property warehouse license is revoked by the
				  Commission, the warehouse shall send notification to all persons with goods in
				  storage. The revocation notification shall inform the customer of reasonable
				  business hours when goods may be claimed and shall permit any person with goods
				  in storage to remove those goods. The warehouse shall provide the notification
				  within 3 business days after the revocation by the
				  Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart D - INSURANCE OR BOND COVERAGE › Section 1458.300 - Licenses Conditioned upon Compliance with Insurance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A license issued by the Commission to a personal property
				  warehouse has force and effect only while the warehouse is in compliance with
				  requirements for the filing of proof of insurance or bond
				  coverage.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart D - INSURANCE OR BOND COVERAGE › Section 1458.310 - Minimum Insurance Amounts Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each personal property warehouse shall
				have on file with the Commission evidence of insurance liability coverage in
				the following amount for each warehouse location:
1) For a Class 1 warehouse,
				$10,000;
2) For a Class 2
				warehouse, $20,000;
3) For a Class
				3 warehouse, $30,000;
4) For a
				Class 4 warehouse, $40,000;
5) For
				a Class 5 warehouse, $50,000;
6)
				For a Class 6 warehouse, $50,000 plus an additional $5,000 for each additional
				100,000 net square feet, or net cubic feet of volume, or fraction
				thereof.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart D - INSURANCE OR BOND COVERAGE › Section 1458.320 - Proof of Insurance or Bond Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
A personal property warehouse shall file with the Commission
				  evidence of proof of insurance or bond coverage in the amount shown in Section
				  1458.310.
				  The conditions of bond or insurance coverage are as follows:
a) The filing of the proof shall constitute
				acceptance of the minimum terms required by this Part or by statute and shall
				bind the insurance company to those terms.
b) The coverage shall remain in effect until
				a cancellation form is filed with the Commission or the coverage is cancelled
				by filing with the Commission a subsequent certificate of insurance or
				bond.
c) Evidence of the insurance
				or bond coverage shall be on a form approved by the Commission containing all
				of the terms and conditions required by the Commission.
d) The insurance policy or bond shall be
				continuing and subject to cancellation or nonrenewal by the insurer only upon
				30 days prior written notice to the Commission served in person or by certified
				mail.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart E - NOTICES AND WAREHOUSE RECEIPTS › Section 1458.400 - Notice of Liability Limits

Current through Register Vol. 48, No. 28, July 12, 2024
Before a personal property warehouse contracts to store
				  personal property for any person, the warehouse shall notify that person of any
				  limit on the warehouse's liability for loss or damage to property in storage
				  and of that person's responsibility to provide additional coverage if
				  desired.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart E - NOTICES AND WAREHOUSE RECEIPTS › Section 1458.410 - Warehouse Receipts

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever a personal property warehouse receives property from
				  any person for storage, the warehouse shall issue to that person a warehouse or
				  storage receipt for that property. The receipt shall clearly identify the
				  property that the warehouse has received from that person, the location of the
				  warehouse where the property will be stored, the terms and conditions of
				  storage, and the date on which the receipt is issued.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart E - NOTICES AND WAREHOUSE RECEIPTS › Section 1458.420 - Form of Warehouse Receipt; Essential Terms; Optional Terms

Current through Register Vol. 48, No. 28, July 12, 2024
a) A warehouse
				receipt need not be in any particular form.
b) A warehouse receipt shall be signed by the
				customer.
c) Unless a warehouse
				receipt embodies within its written or printed terms each of the following, the
				warehouse is liable for damages caused by the omission to a person injured by
				the omission:
1) The location of the warehouse
				where the goods are stored;
2) The
				date of issue of the receipt;
3)
				The consecutive number of the receipt;
4) A statement whether the goods received
				will be delivered to the bearer or to a specified person;
5) The rate of storage and handling
				charges;
6) A description of the
				goods or of the packages containing them;
7) The signature of an employee or agent of
				the warehouse.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart F - ENFORCEMENT › Section 1458.500 - Imposition of Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
When the Commission has reason to believe that a person has
				  committed an act that is a violation of the Act or this Part it may conduct an
				  operating practices proceeding to impose sanctions including, but not limited
				  to, the suspension or revocation of the respondent's license and/or the
				  assessment of civil penalties. In deciding whether to conduct an operating
				  practices proceeding, the Commission will consider, among other factors, the
				  severity of the offense, the probability of guilt, and possible effects of
				  sudden suspension or revocation on the personal property warehouse's
				  customers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart F - ENFORCEMENT › Section 1458.510 - Informal Settlement in Lieu of Formal Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the institution of formal enforcement proceedings
				  before the Commission, a respondent shall be given the opportunity to settle,
				  at an informal staff level, any controversy regarding the respondent's alleged
				  illegal activity under the Act.
a) The
				Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the
				alleged violations of the Act or this Part shall be served on the respondent
				and shall specify the procedure for the respondent to exercise the option to
				settle. Included will be instructions to telephone or write to the specific
				Commission staff member assigned to the case to request and schedule a
				settlement conference, if the respondent chooses to exercise the settlement
				option. The respondent shall have 20 days from the date of service to exercise
				the option to settle.
b) Monetary
				settlements specified in the NAVOS shall be based upon the minimum and maximum
				amounts set forth in Section 18c-1704(2) of the Illinois Commercial
				Transportation Law (ICTL) [625 ILCS
				5/18c-1704(2) ].
c) An amount less than the minimum
				established in the NAVOS may be agreed upon between the staff of the Commission
				and the respondent during informal settlement discussions. This lesser amount
				shall be incorporated in a stipulated settlement agreement that shall be
				presented to the Commission for approval or rejection pursuant to the
				provisions of Section 18c-1705 of the ICTL.
d) Settlement amounts shall be determined
				upon consideration of the respondent's past compliance history, his/her
				cooperation with authorities in the resolution of the dispute, his/her
				willingness to comply with the Act and this Part, the type of violation, the
				amount of revenue realized from the unlawful activities, and the number of
				violations.
e) If a settlement
				agreement is not reached, the matter will be set for hearing before a
				Commission Hearing Examiner (see 83 Ill. Adm. Code 200).
f) The respondent's right to a hearing and
				the respondent's position at hearing will not be prejudiced in any way if
				settlement is not reached.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart F - ENFORCEMENT › Section 1458.520 - Initiation of Operating Practices Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) An enforcement proceeding shall be
				initiated by the issuance of a Complaint that shall set forth the alleged
				violations of the Act. The Complaint shall be served on the respondent by
				certified mail, return receipt requested, at the last address known to the
				Commission, or by personal service if the respondent is not licensed by the
				Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the
				date of service of the Complaint to file a responsive pleading with the
				Commission. Failure to respond within the specified time shall result in the
				matter being set for hearing. Notice of the time, date and place for the
				hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of
				this Section shall be conducted in accordance with 83 Ill. Adm. Code 200 (Rules
				of Practice) and with the provisions of Section 18c-1704 of the ICTL.
d) Respondent's failure to appear at a
				hearing or otherwise respond to a complaint shall constitute a waiver of the
				respondent's right to contest the alleged violations. Commission staff shall
				present evidence in support of its allegations and the Commission is
				authorized, without further notice or hearing, to make findings and may
				forthwith order the imposition of any applicable sanction.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart F - ENFORCEMENT › Section 1458.530 - Failure to Appear at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Respondent's failure to appear at the hearing set for the
				  violations in issue, may constitute a waiver of respondent's right to appear to
				  contest the alleged violations. Commission staff shall testify in support of
				  its allegations and the Commission is authorized without further notice to find
				  the facts to be as alleged in the order and may forthwith order the imposition
				  of any applicable sanction.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart F - ENFORCEMENT › Section 1458.540 - Standards for the Assessment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) In determining whether to assess civil
				penalties, the Commission shall consider the following factors:
1) the lack of mitigating circumstances,
				including:
A) whether the violation's
				occurrence was attributable to causes beyond the respondent's control rather
				than to respondent's fault or intent; and
B) whether the violation's occurrence was
				attributable to action by the Commission that precluded compliance;
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart F - ENFORCEMENT › Section 1458.550 - Payment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Commission assesses a civil penalty under this
				  Part:
a) Payment of the civil penalty
				shall be made by certified or cashier's check, money order, or in installments
				by the foregoing means after execution of a promissory note containing an
				agreement for judgment;
b) All
				remittances shall be made payable to the Illinois Commerce Commission and sent
				to Transportation Regulatory Fund, Illinois Commerce Commission, 527 East
				Capitol Avenue, Springfield, Illinois 62701.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart G - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1458.600 - Audit and Inspection of Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
Each personal property warehouse shall permit Commission
				  staff to inspect or audit its books and records, on request, at any time when
				  the warehouse is open to the public.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart G - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1458.610 - Maintenance of Records

Current through Register Vol. 48, No. 28, July 12, 2024
A personal property warehouse shall keep a record of all
				  property received for storage and of all warehouse or storage receipts issued
				  for one year after the goods were removed from storage. Records shall include
				  the warehouse or storage receipt number, a description of the property received
				  for storage, the date on which the property was received for storage, and the
				  date on which the property was withdrawn from storage. Persons holding an
				  interest in stored property may, at any reasonable time, inspect the
				  warehouse's records related to that property.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1458 - PERSONAL PROPERTY WAREHOUSES › Subpart H - FEES › Section 1458.700 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The following fees shall apply:
a)
Initial application fee for personal property
							 warehouse license
$250
b)
Annual renewal fee for personal property warehouse
							 license
$150
c)
Annual fee for each additional personal property
							 warehouse operated by applicant
$100
d)
Personal property warehouse license reinstatement
							 fee
$100
e)
Special governmental fairs annual license
$50
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart A - APPLICATION OF PART AND DEFINITIONS › Section 1470.10 - Application of Part 1470

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part shall apply to non-relocation towing as defined in Section
				1470.20.
b) This Part shall apply to the following
				types of transportation, except to the extent that the particular movement is
				exempt from Commission jurisdiction under Section 18c-4102 of the Illinois
				Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1986 Supp., ch. 951/2,
				par. 18c-4102):
1) Transportation of
				accidentally wrecked or disabled vehicles by wrecker or towing
				equipment;
2) Transportation of
				replacement vehicles;
3) Towing of
				wheeled property other than vehicles;
4) Any other transportation in relation to
				accidentally wrecked or disabled vehicles; and
5) Any other transportation within the
				definition of "non-relocation towing" as defined in Section 1470.20.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart B - LICENSING › Section 1470.100 - Application Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission's Special Application for Non-Relocation Towing License form may be
				used by a person seeking a non-relocation towing license if the person:
1) Is applying under the provisions of
				Sections 18c-5303 and 18c-5304 of the Law, (Ill. Rev. Stat. 1986 Supp., ch.
				951/2, pars. 18c-5303 and 18c-5304);
2) Is seeking authority only to the extent of
				its non-relocation towing operations between July 1, 1985 and January 1,
				1986;
3) Was engaged in
				non-relocation towing between July 1, 1985 and January 1, 1986; and
4) Has a place of business located in
				Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart B - LICENSING › Section 1470.110 - Authority Descriptions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Commodity descriptions. Applications for a non-relocation towing license must
				indicate that the applicant seeks either:
1)
				Authority to engage in non-relocation towing generally; or
2) Authority to engage in non-relocation
				towing of vehicles.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart B - LICENSING › Section 1470.115 - Presumption of Public Need

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A person engaged in non-relocation towing between July 1, 1985 and January 1,
				1986 can make a prima facie showing of public convenience and necessity to the
				extent of its operations during this period by affirming that it engaged in
				such operations, provided the license application is filed on or before May 27,
				1987 (Section 18c-5304 of the Law).
b) An applicant may submit tow tickets or
				other documentation showing the extent of its operations.
c) If an applicant does not submit
				documentation, an applicant's operations will be presumed to have been:
1) Movements within a 50 mile radius of its
				principal place of business in Illinois;
2) Movements from points within the 50 mile
				radius to points in Illinois; and
3) Movements from points in Illinois to
				points within the 50 mile radius. (Section 18c-5304 of the Law)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart B - LICENSING › Section 1470.120 - Temporary Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications for temporary licenses must be supported by a verified statement
				of public need in accordance with Section 18c-5304 of the Law.
b) Where the application shows that the
				applicant was engaged in non-relocation towing between July 1, 1985 and January
				1, 1986, the application form will constitute the verified statement required
				under this Section.
c) Where the
				application does not show that the applicant was engaged in non-relocation
				towing between July 1, 1985 and January 1, 1986, the application must be
				accompanied by verified statements from the applicant and one or more
				supporting shippers or other knowledgeable persons, showing a need for the
				proposed service.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart C - RATES AND TARIFFS › Section 1470.200 - Use of Mileage or Hourly Rates Authorized

Current through Register Vol. 48, No. 28, July 12, 2024
Rates for non-relocation towing may be on a mileage or unit
				  of time (hourly) basis.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart C - RATES AND TARIFFS › Section 1470.210 - Mileage Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Odometer readings. Odometer readings from the vehicle used in providing
				non-relocation towing service may be used in computing charges for the
				transportation.
b) Any dispute
				concerning the accuracy of the odometer reading shall be resolved by reference
				to:
1) A mileage guide, if one has been
				adopted by the carrier pursuant to 92 Ill. Adm. Code 1365 for this purpose;
				or
2) The Illinois Highway Map
				issued by the Secretary of State, if no mileage guide has been adopted by the
				carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart C - RATES AND TARIFFS › Section 1470.220 - Unit of Time Determinations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Record of beginning and ending times. Where unit of time (hourly) rates are
				used, the beginning and ending times of service must be shown on the tow ticket
				(or freight bill).
b) Shipper
				certification of times. The beginning time of service must be initialed by the
				shipper. The ending time of service must be initialed by the shipper, unless
				the shipper refuses to initial the ending time, in which case the tow ticket
				(or freight bill) shall so state.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart C - RATES AND TARIFFS › Section 1470.230 - Tariff Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Rules issued by the carrier governing application of rates applicable to
				non-relocation towing may be established by:
1) Publication or adoption of a rules tariff
				pursuant to 92 Ill. Adm. Code 1365;
2) Publication of rules in the rate tariff
				itself; or
3) Adoption by reference
				of a special rules tariff published by the Commission staff.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart C - RATES AND TARIFFS › Section 1470.240 - Maximum Rates

Current through Register Vol. 48, No. 28, July 12, 2024
Any rate actually charged for non-relocation towing, unless
				  otherwise specified in the tariff published and in effect for such service,
				  shall be the maximum rate which may be charged by carriers participating in the
				  tariff for such service.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart D - RECORDS AND REPORTS › Section 1470.300 - Use of Tow Tickets

Current through Register Vol. 48, No. 28, July 12, 2024
a) Tow
				tickets, as prescribed in Section
				1470.310
				of this Part, may be used in lieu of freight bills and bills of lading to
				satisfy record-keeping requirements under 92 Ill. Adm. Code 1415.
b) Each vehicle being used in non-relocation
				towing, subject to Commission jurisdiction, must carry a tow ticket executed
				for the movement and containing all of the information required under Section
				1470.310.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart D - RECORDS AND REPORTS › Section 1470.310 - Contents of Tow Tickets

Current through Register Vol. 48, No. 28, July 12, 2024
Tow tickets, when used in lieu of freight bills and bills of
				  lading to satisfy record-keeping requirements under 92 Ill. Adm. Code 1415,
				  must be consecutively numbered in the carrier's series and must contain the
				  following information:
a) The license
				plate or vehicle identification number of any vehicle being transported unless
				neither number is available to the carrier, in which case this must be noted on
				the tow ticket and the vehicle described in accordance with subsection
				(b);
b) A description of any
				wheeled property other than a vehicle, including color, manufacturer's trade
				name, and type of property;
c) The
				name, address, and telephone number of the vehicle or property owner or other
				person who authorized the transportation or towing;
d) The date(s) and time(s) the transportation
				or towing occurred;
e) The
				locations from which and to which the vehicle or other property was transported
				or towed;
f) Starting and finishing
				times and/or other units necessary to assess applicable rates;
g) A designation of the movement as either:
1) Secondary transportation of a wrecked or
				disabled vehicle,
2) Transportation
				of a replacement vehicle to the site of wreck or disablement,
3) Towing of wheeled property other than
				vehicles,
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart D - RECORDS AND REPORTS › Section 1470.330 - Exemption from Annual Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Any requirement that motor carriers of property file annual
				  reports shall not apply to holders of non-relocation towing
				  licenses.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart E - FEES › Section 1470.400 - Fees Generally

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in this Part, the provisions of
				  92 Ill. Adm. Code 1205 shall be applicable to non-relocation
				  towing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart E - FEES › Section 1470.410 - Fee for Petition to Intervene

Current through Register Vol. 48, No. 28, July 12, 2024
Each petition for leave to intervene in opposition to an
				  application for a non-relocation towing license must be accompanied by a filing
				  fee of $100.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart F - INSURANCE › Section 1470.500 - C.O.D. Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Posting of a C.O.D. (collect on delivery) bond shall not be required in
				relation to non-relocation towing.
b) Other provisions of 92 Ill. Adm. Code 1425
				are applicable to non-relocation towing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart G - INTERVENTION IN OPPOSITION › Section 1470.600 - Intervention in Opposition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each petition for leave to intervene in opposition to a non-relocation towing
				license application must set forth specific facts which the petitioner alleges
				which would bear on the issuance of the license under Section 18c-5303 or
				Section 18c-5304 of the Law.
b)
				Each petition to intervene shall be accompanied by a filing fee of $100 (See
				Section
				1470.410
				).
c) Petitions to intervene shall
				be filed pursuant to the Commission's Rules of Practice, 83 Ill. Adm. Code
				200.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart H - TRANSPORTATION AT OWNER'S REQUEST › Section 1470.700 - Transportation at Owner's Request

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part does not apply to transportation
				of vehicles pursuant to the written authorization of the owner or owner's agent
				as defined in Section
				1470.20.
				Such transportation is exempt from the jurisdiction of the Commission under
				Section 18c-4102 of the Illinois Commercial Transportation Law.
b) The Commission's Written Authorization to
				Tow Form (Exhibit A), if accompanied by proof of ownership of the vehicle and
				proper identification of the owner or owner's agent, may be used to evidence
				the required authorization.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1470 - NON-RELOCATION TOWING › Subpart H - TRANSPORTATION AT OWNER'S REQUEST › Exhibit A - Written Authorization to Tow Form

Current through Register Vol. 48, No. 28, July 12, 2024
1) I, __________________, am the owner or owner's agent
				  (spouse, child, brother, sister, parent, attorney or court appointed legal
				  representative ONLY may be considered to be owner's agent) of the following
				  vehicle:
2)
				  __________________________________________________________________________________
Make  Model
				   Year
______________________________________________________________________________________
VIN #
______________________________________________________________________________________
License Plate # (Include State)
3) My address is:
______________________________________________________________________________________
Street
______________________________________________________________________________________
City  State
				   Zip Code
4) This authorization is hereby given to ____________________
				  of__________________
__________________________________________ , to tow the
				  vehicle described above.
5) I hereby state and affirm, under oath, that I am the duly
				  authorized owner or owner's agent of the vehicle described above.
Date: ______________________ Signature:
				  _____________________________
Instructions
- Written Authorization
				  to Tow Form
All parts of this form must be legible, in ink or
				  typewritten, and completely filled out.
Line 1
- Fill in your complete name.
				  Note that only certain persons may qualify as owner's agent.
Line 2
- Give make, model and year
				  of vehicle being towed. Also include VIN (Vehicle Identification Number) number
				  and license plate number (including state).
Line 3
- Provide your complete
				  mailing address.
Line 4
- Fill in full name of person
				  towing the vehicle and complete mailing address.
Line 5
- Sign in ink and date. Note
				  that the permission you provide in this form is under oath.
Special Note
: Other State and local
				  requirements concerning proof of ownership and identification of owner or
				  owner's agent may have to be met before the vehicle may be
				  released.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.20 - Repossession Agency Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications for repossession agency licensure shall be filed on forms and
				contain the information prescribed by the Commission. Incomplete or incorrect
				applications for repossession agency licensure shall be refused or rejected by
				the Commission.
b) Applicants for
				repossession agency licensure shall submit, along with their applications,
				copies of government-issued photo identification, such as a driver's license,
				state identification card, or passport for all persons required to submit
				personal photo identification under the Act.
c) Applicants for repossession agency
				licensure shall disclose on their applications:
1) All civil judgments entered in the 5 years
				preceding the date of application by any legal forum other than the Commission
				arising from conduct while performing repossessions against the applicant or
				any individual required by Section 60 of the Act to submit to a criminal
				background check as part of the licensure process; and
2) All convictions for any crime under the
				laws of the United States or any state or territory of the United States that
				is a felony, a misdemeanor an essential element of which is dishonesty, or a
				crime related to the practice of the profession. [225 ILCS
				422/80 ] The applicant shall provide all information
				required by the Commission's application regarding the applicant's convictions,
				in addition to submitting to a criminal background check as required by the
				Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.25 - Licensed Recovery Manager in Control or Management of Repossession Agency Main Office or Branch Office

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A licensed recovery manager is in control or management [225
				ILCS 422/65(a) ] of a repossession
				agency main office or a repossession agency branch office when the recovery
				manager is physically present at the repossession agency main office or branch
				office or within a close proximity of the repossession agency main office or
				branch office and able to supervise employees and repossession activities of
				the repossession agency main office or branch office.
b) When a licensed recovery manager currently
				registered with the Commission temporarily ceases to be in control or
				management of a repossession agency main office or branch office, the
				repossession agency may use a temporary, registered, licensed recovery manager
				with the Commission who will be temporarily in control or management of a
				repossession agency main office or branch office.
1) A temporary, licensed recovery manager
				must have an active Class "MR" License, be registered in that capacity with the
				Commission pursuant to Subpart F and be otherwise in compliance with the Act
				and this Part prior to assuming duties as a recovery manager on behalf of a
				licensed repossession agency. The temporary recovery manager must possess an
				active Class "MR" License issued by the Commission at the time of registration.
				A temporary, licensed recovery manager must comply, at all times, with the Act
				and this Part while serving as the licensed recovery manager for a repossession
				agency main office or branch office.
2) The provisions of this subsection (b) may
				be utilized in addition to, but not in lieu of, the provisions of the Act or
				this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.30 - Repossession Agency License Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for the transfer of a
				repossession agency license shall be filed on forms and contain the information
				prescribed by the Commission. Incomplete or incorrect applications for the
				transfer of a license shall be refused or rejected by the Commission.
				Applications shall be accompanied by the appropriate fee listed in Section
				1480.540.
b) The following shall constitute a transfer
				of a repossession agency license:
1) Change
				in the ownership interest of the license;
2) Change in the ownership interest of the
				license holder.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.35 - Repossession Agency Branch Office Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for repossession agency branch office licensure
				  shall be filed on forms and contain the information prescribed by the
				  Commission. Incomplete or incorrect applications for repossession agency branch
				  office licensure shall be refused or rejected by the
				  Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.40 - Recovery Manager Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for recovery manager
				licensure shall be made on forms and contain the information prescribed by the
				Commission. Incomplete or incorrect applications for recovery manager licensure
				shall be refused or rejected by the Commission.
b) Applicants for recovery manager licensure
				shall disclose on their applications:
1) All
				civil judgments entered against them in the 5 years preceding the date of
				application by any legal forum other than the Commission arising from their
				conduct while performing repossessions; and
2) All convictions for any crime under the
				laws of the United States or any state or territory of the United States that
				is a felony, a misdemeanor an essential element of which is dishonesty, or a
				crime related to the practice of the profession. [225 ILCS
				422/80 ] The applicant shall provide all information
				required by the Commission's application regarding the applicant's convictions,
				in addition to submitting to a criminal background check as required by the
				Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.50 - Recovery Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications for initial recovery permits Class "E" and Class "EE" shall be
				filed on forms and contain information prescribed by the Commission. Incomplete
				or incorrect applications for recovery permits shall be refused or rejected by
				the Commission.
b) Applicants for
				recovery permits Class "E" and Class "EE" shall disclose on their applications:
1) All civil judgments entered against them
				in the 5 years preceding the date of application by any legal forum other than
				the Commission arising from their conduct while performing repossessions;
				and
2) All convictions for any
				crime under the laws of the United States or any state or territory of the
				United States that is a felony, a misdemeanor an essential element of which is
				dishonesty, or a crime related to the practice of the profession.
				[225 ILCS
				422/80 ] The applicant shall provide all information
				required by the Commission's application regarding the applicant's convictions,
				in addition to submitting to a criminal background check as required by the
				Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.60 - Conversion of Class "EE" Recovery Permit to Class "E" Recovery Permit

Current through Register Vol. 48, No. 28, July 12, 2024
Upon completion of an approved recovery agency employee
				  certification program under Section
				  1480.160, a holder of
				  a Class "EE" recovery permit in good standing may file an application for
				  conversion of his or her Class "EE" recovery permit to a Class "E" recovery
				  permit.
a) Applications for conversion
				of a Class "EE" recovery permit to a Class "E" recovery permit shall be filed
				on forms and contain the information prescribed by the Commission. Incomplete
				or incorrect applications for conversion of a Class "EE" recovery permit to a
				Class "E" recovery permit shall be refused or rejected by the
				Commission.
b) Applicants for
				conversion of a Class "EE" recovery permit to a Class "E" recovery permit shall
				not be required to pay a conversion application fee.
c) Applications for conversion of a Class
				"EE" recovery permit to a Class "E" recovery permit shall contain proof of the
				Applicant's completion of an approved recovery agency employee certification
				program.
d) A Class "EE" recovery
				permit can only be renewed once and shall expire permanently at the end of the
				renewal period.