Section 1710.147  Refunding Fees to Vehicle Owners

a)         A relocator shall refund to a vehicle owner any tow and storage fees paid to the relocator in excess of the rate posted on the relocator's sign as required by Section 1710.51(b).

b)         A relocator may be ordered by the Commission to refund towing or storage fees to the payor, after proper notice and hearing, when the Commission has determined that the relocated vehicle was:

1)         relocated from private property that did not have, at the time of the relocation and for at least 24 hours prior, signs posted in compliance with Sections 1710.50 and 1710.51;

2)         relocated from a space on private property where it was authorized to be parked;

3)         relocated from private property in violation of Section 1710.43;

4)         relocated from private property in violation of the written authorization entered into with the property owner, lessee or agent;

5)         relocated from private property for which there was no valid, written authorization in effect and on file with the Commission at the time of the relocation;

6)         relocated by an operator who did not have, at the time of the relocation, a valid operator's employment permit and a valid Illinois Driver's License with proper endorsements for the type of relocation performed; or

7)         relocated by a relocator that did not hold a relocated license, or while the relocator's license was suspended or revoked.

c)         In addition to any refund under subsection (b), a relocator may be ordered by the Commission to refund any portion of storage fees to the payor when the Commission has determined that failure of the relocator to notify law enforcement within 1 hour, as required by Section 1710.80, resulted in accrual of additional storage fees.

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)