§ 18c-4204a — Fitness standards

(1) Establishment of administrative standards. The Commission shall, within 180 days from the effective date of this amendatory Act of 1987, adopt and implement standards for determining fitness to hold or continue to hold a household goods carrier license. (2) Statutory standards. A person shall not be considered fit for purposes of this Section unless the record shows that, at the time of hearing, the person: (a) Is aware of its obligations under this Chapter, Commission regulations and orders, and other provisions of The Illinois Vehicle Code; (b) Has substantially complied with applicable statutes and regulations; and (c) Possesses the equipment, facilities, financial resources, knowledge and experience to provide the proposed service and meet the needs of supporting shippers, in compliance with applicable statutes and regulations, on a long-term basis. (3) Burden of proof in application proceedings. (a) Temporary authority. Each applicant for temporary household goods carrier authority shall have the burden of making a prima facie showing of fitness. The Commission may, in its discretion, deny an application for temporary household goods authority where the applicant's fitness is controverted by specific allegations, under oath, by an intervenor. (b) Permanent authority. Each applicant for permanent household goods authority shall have the burden of proving its fitness by clear and convincing evidence. (c) Findings. The order granting permanent household goods authority shall contain specific findings, with citation to the record, on each aspect of fitness. (4) Revocation proceedings. If the record in a revocation proceeding shows that a licensee is no longer fit to hold a household goods carrier license, the Commission shall suspend or revoke the license. When a license is suspended under this Section, the holder shall have 6 months in which to demonstrate, by clear and convincing evidence, that its fitness has been restored. Unless the Commission finds that such a demonstration has been made, the license shall be revoked. A license revoked under this Section shall not be reinstated.

Legislative History

(Source: P.A. 89-444, eff. 1-25-96.)