Section 460.410  Rate Change Procedure

a)         The rates established by the Department in Section 460.400 are deemed to be filed by the Station with the Department, and may be changed upon application of the Owner of a Station or complaint of any person.  An application for a change of rate will be approved or disapproved within five business days by the Commercial Vehicle Safety Section, and the Owner will be notified in writing within 10 days after the application.  If an application for a rate is approved, the rate shall become effective upon posting at the Station by the Commercial Vehicle Safety Section.  If an application for a proposed rate is disapproved by the Department, an applicant may appeal the disapproval to the Director under 92 Ill. Adm. Code 454.260.  The procedure in Part 454 will be used to determine if a disapproved rate or a rate contested by any person is just and reasonable.  For purposes of this procedure, any reference to "rate" or "charge" in Part 454 is deemed to refer to a "rate" or "charge" for a diesel emission test at a Station in an affected area.  As the Department has determined a just and reasonable initial rate in Section 460.400, the procedure in 92 Ill. Adm. Code 454.210 for initial rates will not be followed.

b)         The following criteria will be used to evaluate rates to determine if a rate is just and reasonable:

1)         The Official Testing Station's labor (or shop) rate in comparison to those in the community of the Station;

2)         Its journeyman mechanic's hourly wages in comparison to those in the community of the Station; and

3)         CDET hourly rates at the Station in comparison to those in the community of the Station.