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| Public Act 094-0499 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 18c-2102 and 18c-2106 as follows:
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(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
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Sec. 18c-2102. Hearings in other than household goods | ||||
carrier
authority cases.
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(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.
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(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.
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(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:
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(a) Was not opposed in a timely pleading addressed to | ||
the
Commission;
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(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;
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(c) Was taken on an emergency temporary or interim | ||
basis in
accordance with Section 18c-2108 of this Chapter; | ||
or
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(d) Is interlocutory in nature.
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(3) Section not applicable to household goods carrier | ||
authority cases.
Nothing in this Section shall have application | ||
to any household goods
carrier authority case.
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
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Sec. 18c-2106. Standing.
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(1) General Provisions. Each person with an
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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.
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(2) Definition of Administratively Cognizable Interest.
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The following persons or entities shall be deemed to have an
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administratively cognizable interest in proceedings under
this | ||
Chapter:
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(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:
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(i) The person possesses a license authorizing all | ||
or
part of the service for which authority is sought,
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such license is in good standing, and the person has
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transported or actively solicited traffic or both | ||
within
the scope of the application during the 12
month | ||
period immediately preceding initiation of the
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proceeding; or
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(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.
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(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:
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(i) A carrier authorized to transport traffic such | ||
as
would be subject to or affected by the rates;
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(ii) A shipper or receiver of traffic such as would | ||
be
subject to or affected by the rates;
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(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
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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
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(iv) An organization representing employees of a | ||
household goods
carrier.
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(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:
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(i) Has an ownership interest in or control of the
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license which is the subject of the proceeding;
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(ii) Would, if the proposed transfer is approved, | ||
acquire
ownership or control of the license which is | ||
the
subject of the proceeding;
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(iii) Possesses a license authorizing all or part | ||
of the
service authorized by the license sought to be
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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;
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(iv) Would be directly affected by the transfer; or
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(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.
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(d) Complaint and Enforcement Proceedings.
A person | ||
shall be deemed to have an administratively
cognizable | ||
interest in a complaint proceeding if the
person:
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(i) Has an ownership interest in or control of the
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license which is the subject of the proceeding;
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(ii) Would be directly and adversely affected by | ||
failure
to grant relief sought in the complaint or
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enforcement action and such adverse effect is
contrary | ||
to the purposes of this Chapter; or
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(iii) Is an organization representing employees of | ||
a household
goods carrier of property.
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(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:
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(i) Filed the pleading pursuant to which the
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proceeding was initiated; or
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(ii) Is an organization representing employees of | ||
a
household goods carrier.
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(Source: P.A. 89-444, eff. 1-25-96.)
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