Full Text of HB1358 94th General Assembly
HB1358eng 94TH GENERAL ASSEMBLY
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HB1358 Engrossed |
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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 | 5 |
| 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 | 8 |
| carrier
authority cases.
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| (1) Hearing required.
Except as otherwise provided in | 10 |
| subsection (2) of this Section,
and in Section 18c-2108 of this | 11 |
| Chapter the Commission shall, in other than
household goods | 12 |
| carrier authority cases,
issue orders granting
authority or | 13 |
| other relief, prescribing rates, imposing
sanctions, or | 14 |
| directing that a person take, continue to take,
refrain from | 15 |
| taking or cease and desist from continuing to
take any action, | 16 |
| only after notice and hearing in accordance
with the rules of | 17 |
| practice applicable to proceedings under
this Chapter.
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| (1.1) Service of notice in a case involving a motor carrier | 19 |
| of passengers. In any case involving a motor carrier of | 20 |
| passengers, if an airport is a point to be served, in addition | 21 |
| to public notice by publication, notice of an application for a | 22 |
| license or transfer of a license must be served by certified | 23 |
| mail, return receipt requested, on (i) the corporation counsel | 24 |
| or chief legal officer of any municipality or other political | 25 |
| subdivision operating the airport and (ii) the agent for | 26 |
| service of process in Illinois of any motor carrier possessing | 27 |
| a license under Section 18c-6201 authorizing all or part of the | 28 |
| service for which authority is sought under Section 18c-6201 of | 29 |
| this Chapter.
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| (2) Hearing not required. Except as otherwise provided in | 31 |
| Section
18c-2108 of this Chapter,
the Commission may, in other | 32 |
| than household goods carrier authority
cases, conduct its |
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| review and issue orders
without hearing, the taking of | 2 |
| evidence, or the making of a
record where action taken in the | 3 |
| order:
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| (a) Was not opposed in a timely pleading addressed to | 5 |
| the
Commission;
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| (b) Was opposed in a timely pleading, but such | 7 |
| opposition
was later withdrawn or the parties in opposition | 8 |
| waived
further hearing and taking of evidence;
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| (c) Was taken on an emergency temporary or interim | 10 |
| basis in
accordance with Section 18c-2108 of this Chapter; | 11 |
| or
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| (d) Is interlocutory in nature.
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| (3) Section not applicable to household goods carrier | 14 |
| authority cases.
Nothing in this Section shall have application | 15 |
| 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 | 21 |
| the Commission shall, upon compliance with
procedural rules | 22 |
| adopted by the Commission for such
proceedings, be entitled to | 23 |
| appear and participate as a party to
the proceeding. The | 24 |
| Commission may, in addition, grant leave
to appear and | 25 |
| participate on such terms as it may
prescribe, where to do so | 26 |
| would assist the Commission in
reaching an informed and just | 27 |
| 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 | 31 |
| Chapter:
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| (a) Licensing Proceedings.
A person or an entity shall | 33 |
| be deemed to have an administratively
cognizable interest | 34 |
| in a proceeding in which an
application for a new, amended, | 35 |
| or extended intrastate
license is under consideration only |
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| if:
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| (i) The person possesses a license authorizing all | 3 |
| 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 | 6 |
| within
the scope of the application during the 12
month | 7 |
| period immediately preceding initiation of the
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| proceeding; or
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| (ii) The proceeding involves an application for a | 10 |
| household goods
carrier license and the person is an | 11 |
| organization
representing employees
of a household | 12 |
| goods carrier ; or . | 13 |
| (iii) The entity is a municipality or other | 14 |
| political subdivision operating an airport that is a | 15 |
| point to be served for the license under consideration.
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| (b) Rate Proceedings.
A person shall be deemed to have | 17 |
| an administratively
cognizable interest in a proceeding in | 18 |
| which new or
amended rates are under consideration only if | 19 |
| the person
is:
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| (i) A carrier authorized to transport traffic such | 21 |
| as
would be subject to or affected by the rates;
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| (ii) A shipper or receiver of traffic such as would | 23 |
| be
subject to or affected by the rates;
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| (iii) An association of two or more carriers, | 25 |
| acting at the
request of and on behalf of one or more | 26 |
| carriers
authorized to transport traffic such as would | 27 |
| be
subject to or affected by the rates; or an
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| association of two or more shippers or receivers
acting | 29 |
| at the request of and on behalf of one or
more shippers | 30 |
| or receivers of such traffic; or
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| (iv) An organization representing employees of a | 32 |
| household goods
carrier.
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| (c) Proceedings to Transfer a License.
A person shall | 34 |
| be deemed to have an administratively
cognizable interest | 35 |
| in a proceeding to transfer
an intrastate license only if | 36 |
| 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, | 4 |
| acquire
ownership or control of the license which is | 5 |
| the
subject of the proceeding;
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| (iii) Possesses a license authorizing all or part | 7 |
| of the
service authorized by the license sought to be
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| transferred, such license is in good standing, and
the | 9 |
| person or entity has transported or actively
solicited | 10 |
| traffic within the scope of the license
sought to be | 11 |
| transported during the 12
months period immediately | 12 |
| 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 | 15 |
| household goods
carrier ; or . | 16 |
| (vi) Is a municipality or other political | 17 |
| subdivision operating an airport that is a point to be | 18 |
| served for the license under consideration.
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| (d) Complaint and Enforcement Proceedings.
A person | 20 |
| shall be deemed to have an administratively
cognizable | 21 |
| 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 | 25 |
| failure
to grant relief sought in the complaint or
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| enforcement action and such adverse effect is
contrary | 27 |
| to the purposes of this Chapter; or
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| (iii) Is an organization representing employees of | 29 |
| a household
goods carrier of property.
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| (e) All Proceedings.
Notwithstanding the provisions of | 31 |
| subsections (2) (a)
through (2) (d) of this Section, a | 32 |
| person shall be deemed
to have an administratively | 33 |
| cognizable interest in a
proceeding other than a complaint | 34 |
| 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 | 2 |
| a
household goods carrier.
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| (Source: P.A. 89-444, eff. 1-25-96.)
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