Section 1225.15  Applications for Special Permission

a)         Applications for special permission to depart from one or more provisions of this Part may be filed if in accordance with the provisions of this Section.

b)         Special tariff authority will not be issued to modify a final order of the Commission.  Any request to modify a final order shall be filed in accordance with the Commission's Rules of Practice, 83 Ill. Adm. Code 200.

c)         Applications may only be filed by the carrier(s) or agent(s) who has authority to file the proposed tariff publication for which relief is requested.

d)         Payment of the fee in the amount required under the Law shall accompany the application.

e)         Copies and numbering.  The original and two copies of the application shall be filed.

f)         Contents of application.

1)         All involved tariff publications shall be identified, including supplement and loose-leaf page number, with specific reference to provisions by item, section, or page numbers.

2)         If the proposal involves the publishing of rates, all points involved shall be identified.

3)         If the proposal involves publication of tariff rules on less than statutory notice, the wording of the proposed rules shall be furnished.

4)         The application shall show how the proposed change is to be published, i.e., by republication of tariff matter, or by publication of a statement.

5)         The reasons and justification for the proposal shall be stated.

6)         If relief is requested from notice requirements, the reasons why customary notice cannot or should not be given shall be stated.

7)         Applications requesting authority to change, cancel or postpone matter which is the subject of a complaint or petition for investigation or suspension shall certify that the complainants have been notified by telegram or telephone.  The application shall also state whether or not the complainants have registered objections to the proposal.

8)         The provision(s) of this Part from which relief is requested must be identified.

g)         Authority to reject publication.  The granting and use of special tariff authority does not limit the Commission's jurisdiction over the content of the tariff, or any of the Commission's powers with respect to the tariff.

h)         Grant or denial of special permission applications.

1)         Special permission applications shall state whether, if the application is not granted without hearing, the applicant requests a hearing on the application.  If the application does not expressly request such a hearing, the applicant will be deemed to have waived such hearing.

2)         Where a special permission application requests such hearing, the application shall either be granted without hearing or set for hearing.

3)         Where a special permission application does not request hearing, the application shall either be grant without hearing or denied without hearing.