Section 1206.10  Application of Part to Motor Carrier, Rail & Pipeline Rates

 

This Part shall apply to all rates within the Illinois Commerce Commission's ("Commission") jurisdiction for which an order prescribing the rates is not required, except to the extent that the Commission's powers in relation to motor carriers of passengers and rail carriers have been preempted by a valid Federal statute.

 

Section 1206.20  Rate Proceedings

 

a)         General Requirements.  Any person may challenge a rate filed with the Commission by filing with the Commission a complaint identifying the rate, stating the relief sought, and stating grounds for the granting of such relief.

 

b)         Complaint designation

 

1)         A complaint referring to a rate that has been filed with the Commission but is not yet effective shall be styled a "petition to investigate and suspend."

 

2)         A complaint referring to a rate that is on file with the Commission and is effective shall be styled a "rate complaint."

 

3)         A "petition to investigate and suspend" which is filed after the deadline for filing such petitions shall be treated as a "rate complaint."

 

4)         A "petition to investigate (but not to suspend)" shall be treated as a "rate complaint."

 

c)         Identification of the Challenged Rate.  A complaint must identify the challenged rate by reference to:

 

1)         The name of the publishing carrier or agent;

 

2)         The title and number of the tariff or schedule involved; and

 

3)         The specific items or particular provisions complained of.

 

d)         Filing and Service of Complaints and Replies.

 

1)         Petitions which request investigation and suspension of a rate must be filed at least 5 calendar days before the effective date of the rate, subject to the following:

 

A)        The effective date of the rate under protest (complaint) shall, unless otherwise ordered by the Commission, be automatically postponed for 30 calendar days by the proponent carrier by issuance of a postponement supplement.  Failure to postpone will result in rejection by the Commission.  The Commission will order a rate to go into effect on the listed effective date if the petition requesting investigation and suspension is invalid on its face for failure to comply with other provisions of this Part (for example, petition is not timely filed or the protestant did not serve a copy on the proponent carrier).

 

B)        The postponement supplement title page shall show the following statement:  "Issued on one (1) day's notice as authorized by 92 Ill. Adm. Code 1206.20(d)(1)(A)."

 

2)         Replies

 

A)        Replies to petitions for investigation and suspension of a rate must be filed and served at least 10 calendar days prior to the postponed effective date of the rate.

 

B)        Replies to petitions for investigation (but not suspension) must be filed and served not later than the 15th calendar day after the petition for investigation was filed.

 

C)        Replies to rate complaints must be filed and served not later than the 15th calendar day after the rate complaint was filed.

 

3)         All petitions or rate complaints and all replies must be filed with the Commission at its office in Springfield.

 

4)         Copies of petitions or rate complaints must be simultaneously served upon the publishing carrier or agent.

 

5)         Copies of replies must simultaneously be served upon the person who filed the petition or rate complaint.

 

6)         Telegraphic protests may be filed with the Commission provided that:

 

A)        service is made, in the same manner, on the proponent of the rate(s); and

 

B)        a written protest is filed within 5 calendar days after the telegraphic protest is filed.

 

e)         All rate proceedings will be governed by the Commission's Rules of Practice (83 Ill. Adm. Code 200).

 

(Source:  Amended at 13 Ill. Reg. 11466, effective July 1, 1989)

 

Section 1206.30  Burden of Proof

 

a)         The burden of proof in an investigation and suspension proceeding (proceeding in which a rate is investigated and suspended) shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the rate (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3204(2)(C)).

 

b)         The burden of proof in a rate complaint proceeding shall be on the person who filed the rate complaint.