# 92 Ill. Adm. Code 1457.80: Section 1457.80 Requirements to Show Fitness

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1457_S1457_80

## Section

- **Citation:** 92 Ill. Adm. Code 1457.80
- **Heading:** Section 1457.80 Requirements to Show Fitness
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92 TRANSPORTATION / CHAPTER III: ILLINOIS COMMERCE COMMISSION / Part 1457 HOUSEHOLD GOODS CARRIERS / Section 1457.80 Requirements to Show Fitness

## Text

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.

## Nearby sections

- [92 Ill. Adm. Code 1457.80 Section 1457.80  Requirements to Show Fitness](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1457_S1457_80.md)
- [92 Ill. Adm. Code 1457.90 Section 1457.90  Continued Fitness, Service, and Advertising Standards](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1457_S1457_90.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1457_S1457_80. Check the current official text before relying on it. Not legal advice.
