Section 1202.10  Application for Permanent Authority

 

a)         Application for permanent authority shall be filed on forms provided by the Commission and must be accompanied by the following:

 

1)         The required fee specified in 92 Ill. Adm. Code 1205;

 

2)         The names and addresses of all shippers who intend to support the application;

 

3)         All supporting documents, except as provided in subsection (c) below must be completed when filed; and

 

4)         If an Illinois corporation, a copy of the articles of incorporation, or the certificate of authority to do business in Illinois if a foreign corporation.

 

b)         Any application received which is not completed or which is not accompanied by the items specified in subsections (1) through (4) above shall be returned to the applicant.

 

c)         Completed shipper support statements (Supporting Document SS) may either be filed with the application or at least 10 days prior to the date of the hearing on the application in accordance with the provisions of Section 18c-4201(4) of the Illinois Commercial Transportation Law (the Law) (Ill. Rev. Stat. 1989, ch. 95½, par. 18c-1101 et seq.).  No shipper support statement will be accepted unless the shipper is named in the application as provided by subsection (a)(2) above.

 

d)         Permanent authority shall not be granted unless the application and the evidence presented at hearing demonstrate that a public need exists for the requested service and that the applicant is fit, willing and able to provide the service requested.

 

e)         Fitness shall be determined in accordance with the provisions of 92 Ill. Adm. Code 1304:  Motor Carrier of Property Fitness Standards.

 

f)         In determining whether a public need exists for the requested service the Commission shall consider:

 

1)         Whether the applicant has sufficient shipper support to establish a public need for the transportation of the commodities and territory requested.

 

2)         Whether supporting shippers have made a bona fide attempt to obtain service from existing authorized carriers.

 

3)         Whether supporting shippers have experienced service failures, within the calendar year preceding application, which warrant the addition of new service.

 

4)         Whether the supporting shippers provide evidence of a clear intent to use the applicant's services to the extent specified in the Shipper Support Statement.

 

5)         Whether the testimony of supporting shippers demonstrates a need for the applicant's services as a means of meeting requirements of state or federal law, or local ordinances, for use of "minority owned businesses" or "female owned businesses" which need is not being met by existing authorized carriers. "Minority owned businesses" and "female owned businesses" shall be those so certified by a state agency, state university, or the Minority and Female Business Enterprise Council in accordance with the provisions of the Illinois Minority and Female Business Enterprise Act (Ill. Rev. Stat. 1989, ch. 127, pars. 132.600 et seq.).

 

(Source:  Amended at 15 Ill. Reg. 17568, effective December 1, 1991)

 

Section 1202.20  Notice of Application for Permanent Authority

 

a)         When public notice of an application is required by the Law, notice shall be given by publication in the "official newspaper" designated by the Department of Central Management Services pursuant to Section 4 of The Illinois Purchasing Act (Ill. Rev. Stat. 1989, ch. 127, par. 132.4).  The notice must state the docket number assigned by the Commission and must be on the publication of notice form provided by the Commission.

 

b)         An applicant shall be directed to republish notice of an application when the original publication failed to give notice to the public of the nature and extent of the proposed operations or when the publication was not in compliance with this Section.

 

c)         Each applicant shall obtain from the official newspaper a certificate of publication certifying that the notice has been published and showing the contents of the notice and the date of publication.  The applicant shall file the certificate with the Commission.  A hearing on the application shall not commence until the certificate of publication has been filed.

 

(Source:  Amended at 15 Ill. Reg. 17568, effective December 1, 1991)

 

Section 1202.30  Petitions for Leave to Intervene

 

a)         Petitions for leave to intervene in opposition to applications under the Law must be filed within 15 days after the publication of the notice of application.

 

b)         The petition must allege facts that show that:

 

1)         the petition is filed within 15 days after the publication of the notice of application, and

 

2)         the petitioner has standing to intervene pursuant to Section 18c-2106 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-2106).

 

c)         A petition to intervene shall be granted when the petition is filed within 15 days of the publication of notice of application and the petitioner has standing to intervene pursuant to Section 18c-2106 of the Law.

 

Section 1202.40  Temporary Motor Carrier of Property License Application

 

a)         Public notice of application for temporary authority shall be published in the official state newspaper and the Certificate of Publication must be received by the Commission no more than 30 days after the application has been filed. The published notice must include the docket number assigned to the application by the Commission.

 

b)         An application for temporary authority cannot be filed unless an application for permanent authority has been filed or is filed concurrently with the application for temporary authority.

 

c)         Applications for temporary authority must also be accompanied by the following:

 

1)         the required fee specified in 92 Ill. Adm. Code 1205; and

 

2)         all Shipper Support Statements (Supporting Document SS).

 

d)         Applications received by the Commission which have not been completed or which are not in accordance with (b) and (c), above, shall be returned to the applicant.

 

e)         Temporary authority shall not be granted unless the application provides evidence that substantial economic harm will result to the supporting shipper or shippers if the temporary authority is not granted. In determining whether substantial economic harm will result the Commission shall consider:

 

1)         the supporting shipper's ability to obtain the needed service from an existing carrier or carriers;

 

2)         whether failure to grant the temporary authority will result in the shipper's loss of a customer or customers, or in a significant loss of business;

 

3)         whether a layoff from the shipper's workforce will result if the temporary authority is not granted; and

 

4)         any other factor(s) which is material and relevant.

 

f)         The commodities and territory requested in an application for temporary authority must be supported in the accompanying shipper statement or statements.

 

g)         The applicant shall have 60 days from the issuance of the order granting a temporary authority to file the following with the Commission:

 

1)         rates applicable to the full extent of the grant of temporary authority;

 

2)         contracts, if a contract carrier;

 

3)         proof of liability insurance, and any cargo and COD affidavits or bonds/insurance required; and

 

4)         payment of franchise fees for each truck to be operated under the temporary authority.

 

h)         Failure to submit the above within the specified 60 day period will result in the order granting the temporary authority being vacated and the application being dismissed.

 

i)          A temporary authority shall be valid for 90 days after the service date of the order granting or denying permanent authority.

 

(Source:  Added at 15 Ill. Reg. 17568, effective December 1, 1991)

 

Section 1202.50  Emergency Temporary Motor Carrier of Property License Application

 

a)         Applications for emergency temporary authority shall be filed on forms provided by the Commission and shall be accompanied by:

 

1)         the required fee specified in 92 Ill. Adm. Code 1205; and

 

2)         evidence that an urgent and immediate public need exists for the requested service.

 

b)         Applications received which have not been completed or which are not accompanied by (1) and (2) above shall be returned to the applicant.

 

c)         Applications for emergency temporary authority shall not be granted unless the application demonstrates that there is an urgent and immediate need for the authority requested. An urgent and immediate need shall exist if a natural disaster, or other circumstance, has created a need for transportation service which would not exist in the absence of such disaster or circumstance.

 

(Source:  Amended at 15 Ill. Reg. 17568, effective December 1, 1991)

 

Section 1202.60  Application for Temporary Public Carrier Certificate

 

After January 1, 1995, motor carriers of property other than household goods shall file an application with the Commission for a Temporary Public Carrier Certificate.  The application shall be on forms provided by the Commission, and shall be accompanied by the required fee set forth in 92 Ill. Adm. Code 1205.10.  Upon determination that the applicant is in compliance with the requirements of 92 Ill. Adm. Code 1425 applicable to insurance, and that the applicant has paid all required per vehicle and filing fees, the Commission shall issue a Temporary Public Carrier Certificate authorizing the applicant to engage in for-hire transportation of property in intrastate commerce in Illinois.

 

(Source:  Added at 19 Ill. Reg. 8195, effective June 8, 1995)