Section 1457.80 Requirements to Show Fitness

Section 1457

Section 1457.80  Requirements

to Show Fitness

The applicant shall present

clear and convincing evidence that fitness has been established for the

issuance of the requested authority.

a)         In determining whether the applicant is fit to operate as a

household goods carrier, the Illinois Commerce Commission shall require proof

of the following factors:

1)         The applicant has attended a seminar regarding this Part conducted

or approved by the Commission's Compliance Advisory Service;

2)         The applicant has obtained a 75% or better passing grade on a

written test administered by the Commission that tests the applicant's

knowledge of this Part related to the requested authority.

A)        The applicant may not take this test more than once in any seven-day

period;

B)        An applicant may not have more than one partner or controlling

stockholder take this test in any seven-day period;

3)         The applicant possesses, or can acquire, equipment and

facilities of a type required for the transport of household goods as evidenced

by a description, submitted with the application, of the equipment to be used

by the applicant in the conduct of intrastate transportation (which shall

include equipment that is currently owned by the applicant, leased by the

applicant, or is to be otherwise acquired by the applicant);

4)         The applicant has established a safety, training, and

maintenance program, including any policies regarding traffic citations issued

against drivers and any refresher/remedial training courses required of

drivers;

5)         The financial condition of the applicant as represented by the

completed financial statement (consisting of balance sheet and projected income

statement) included with the application

has established a safety, training, and

maintenance program, including any policies regarding traffic citations issued

against drivers and any refresher/remedial training courses required of

drivers;

5)         The financial condition of the applicant as represented by the

completed financial statement (consisting of balance sheet and projected income

statement) included with the application.  Evidence will be required at hearing

to corroborate the information provided in the financial statement with the

information in the shipper support statements;

6)         Required insurance coverage on file with the Commission

including, where applicable, insurance in compliance with the Workers'

Compensation Act [820 ILCS 305].

b)         In determining whether the applicant is fit to operate as a

household goods carrier, the Commission shall consider the following:

1)         The applicant's safety record as evidenced by a certification

or record from the Federal Motor Carrier Safety Administration of the United

States Department of Transportation, the Illinois Department of Transportation,

or the appropriate regulatory body of another state, setting forth:

A)        Any motor carrier safety citations issued against the applicant

during the three years preceding application; and

B)        Whether the file contains any record of any disciplinary action,

taken or pending, during the three years preceding application.

2)         Any citations or disciplinary actions against the applicant to

determine whether a pattern of violations exists and will consider the severity

of the violations.

3)         The conviction of the applicant of a crime punishable by death

or imprisonment in excess of one year under the law under which he/she was

convicted, or a crime involving dishonesty or false statement regardless of the

punishment.  The Commission will consider the type of crime, when the crime

occurred, and the age of the applicant at the time of the incident

rity

of the violations.

3)         The conviction of the applicant of a crime punishable by death

or imprisonment in excess of one year under the law under which he/she was

convicted, or a crime involving dishonesty or false statement regardless of the

punishment.  The Commission will consider the type of crime, when the crime

occurred, and the age of the applicant at the time of the incident.

4)         Whether the applicant is currently, or has been, the subject

of civil penalty action by the Commission.  In determining whether to grant

authority to an applicant who is currently, or has been, the subject of prior

civil penalty action, the Commission shall consider:

A)        Whether the violations were committed knowingly and willfully;

B)        Whether the violations caused economic harm to authorized

carriers;

C)        Whether a pattern of violations exists;

D)        The applicant's cooperation in resolving previous violations;

and

E)        Whether the applicant is delinquent in paying a monetary

settlement or civil penalty assessed by the Commission.

5)         Other facts that may bear on the applicant's fitness to hold

the license applied for.

c)         For purposes of subsections (a)(1) and (2) and (b)(4) of this

Section, "applicant" shall mean proprietors, partners, a member or

manager of a limited liability company, or, in the case of a corporation, an

officer or anyone holding a controlling interest in the corporation.