Public Act 094-0499
 
HB1358 Enrolled LRB094 10140 DRH 40402 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 18c-2102 and 18c-2106 as follows:
 
    (625 ILCS 5/18c-2102)  (from Ch. 95 1/2, par. 18c-2102)
    Sec. 18c-2102. Hearings in other than household goods
carrier authority cases.
    (1) Hearing required. Except as otherwise provided in
subsection (2) of this Section, and in Section 18c-2108 of this
Chapter the Commission shall, in other than household goods
carrier authority cases, issue orders granting authority or
other relief, prescribing rates, imposing sanctions, or
directing that a person take, continue to take, refrain from
taking or cease and desist from continuing to take any action,
only after notice and hearing in accordance with the rules of
practice applicable to proceedings under this Chapter.
    (1.1) Service of notice in a case involving a motor carrier
of passengers. In any case involving a motor carrier of
passengers, if an airport is a point to be served, in addition
to public notice by publication, notice of an application for a
license or transfer of a license must be served by certified
mail, return receipt requested, on (i) the corporation counsel
or chief legal officer of any municipality or other political
subdivision operating the airport and (ii) the agent for
service of process in Illinois of any motor carrier possessing
a license under Section 18c-6201 authorizing all or part of the
service for which authority is sought under Section 18c-6201 of
this Chapter.
    (2) Hearing not required. Except as otherwise provided in
Section 18c-2108 of this Chapter, the Commission may, in other
than household goods carrier authority cases, conduct its
review and issue orders without hearing, the taking of
evidence, or the making of a record where action taken in the
order:
        (a) Was not opposed in a timely pleading addressed to
    the Commission;
        (b) Was opposed in a timely pleading, but such
    opposition was later withdrawn or the parties in opposition
    waived further hearing and taking of evidence;
        (c) Was taken on an emergency temporary or interim
    basis in accordance with Section 18c-2108 of this Chapter;
    or
        (d) Is interlocutory in nature.
    (3) Section not applicable to household goods carrier
authority cases. Nothing in this Section shall have application
to any household goods carrier authority case.
(Source: P.A. 89-444, eff. 1-25-96.)
 
    (625 ILCS 5/18c-2106)  (from Ch. 95 1/2, par. 18c-2106)
    Sec. 18c-2106. Standing.
    (1) General Provisions. Each person with an
administratively cognizable interest in a proceeding before
the Commission shall, upon compliance with procedural rules
adopted by the Commission for such proceedings, be entitled to
appear and participate as a party to the proceeding. The
Commission may, in addition, grant leave to appear and
participate on such terms as it may prescribe, where to do so
would assist the Commission in reaching an informed and just
decision in the proceeding.
    (2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under this
Chapter:
        (a) Licensing Proceedings. A person or an entity shall
    be deemed to have an administratively cognizable interest
    in a proceeding in which an application for a new, amended,
    or extended intrastate license is under consideration only
    if:
            (i) The person possesses a license authorizing all
        or part of the service for which authority is sought,
        such license is in good standing, and the person has
        transported or actively solicited traffic or both
        within the scope of the application during the 12 month
        period immediately preceding initiation of the
        proceeding; or
            (ii) The proceeding involves an application for a
        household goods carrier license and the person is an
        organization representing employees of a household
        goods carrier; or .
            (iii) The entity is a municipality or other
        political subdivision operating an airport that is a
        point to be served for the license under consideration.
        (b) Rate Proceedings. A person shall be deemed to have
    an administratively cognizable interest in a proceeding in
    which new or amended rates are under consideration only if
    the person is:
            (i) A carrier authorized to transport traffic such
        as would be subject to or affected by the rates;
            (ii) A shipper or receiver of traffic such as would
        be subject to or affected by the rates;
            (iii) An association of two or more carriers,
        acting at the request of and on behalf of one or more
        carriers authorized to transport traffic such as would
        be subject to or affected by the rates; or an
        association of two or more shippers or receivers acting
        at the request of and on behalf of one or more shippers
        or receivers of such traffic; or
            (iv) An organization representing employees of a
        household goods carrier.
        (c) Proceedings to Transfer a License. A person shall
    be deemed to have an administratively cognizable interest
    in a proceeding to transfer an intrastate license only if
    the person:
            (i) Has an ownership interest in or control of the
        license which is the subject of the proceeding;
            (ii) Would, if the proposed transfer is approved,
        acquire ownership or control of the license which is
        the subject of the proceeding;
            (iii) Possesses a license authorizing all or part
        of the service authorized by the license sought to be
        transferred, such license is in good standing, and the
        person or entity has transported or actively solicited
        traffic within the scope of the license sought to be
        transported during the 12 months period immediately
        preceding initiation of the proceeding;
            (iv) Would be directly affected by the transfer; or
            (v) Is an organization representing employees of a
        household goods carrier; or .
            (vi) Is a municipality or other political
        subdivision operating an airport that is a point to be
        served for the license under consideration.
        (d) Complaint and Enforcement Proceedings. A person
    shall be deemed to have an administratively cognizable
    interest in a complaint proceeding if the person:
            (i) Has an ownership interest in or control of the
        license which is the subject of the proceeding;
            (ii) Would be directly and adversely affected by
        failure to grant relief sought in the complaint or
        enforcement action and such adverse effect is contrary
        to the purposes of this Chapter; or
            (iii) Is an organization representing employees of
        a household goods carrier of property.
        (e) All Proceedings. Notwithstanding the provisions of
    subsections (2) (a) through (2) (d) of this Section, a
    person shall be deemed to have an administratively
    cognizable interest in a proceeding other than a complaint
    proceeding if the person:
            (i) Filed the pleading pursuant to which the
        proceeding was initiated; or
            (ii) Is an organization representing employees of
        a household goods carrier.
(Source: P.A. 89-444, eff. 1-25-96.)