Illinois Administrative Code
Title 92 - TRANSPORTATION
Part 1225 - PUBLICATION, POSTING AND FILING OF TARIFFS, CONTRACTS, SCHEDULES AND RELATED DOCUMENTS
Subpart B - POWERS OF ATTORNEY, CONCURRENCES, TRANSFER OF AGENT
Section 1225.120 - Take-over Publications

Universal Citation: 92 IL Admin Code ยง 1225.120

Current through Register Vol. 48, No. 38, September 20, 2024

a) When an agent is appointed to take over an agency, or when an alternate agent takes over the duties of the principal agent, the new or alternate agent shall immediately issue a supplement to each of the superseded agent's effective tariffs. Instead of showing an effective date on the title page, the following statement or one to similar effect shall be shown:

On and after (date the authority was transferred), this publication is the issue of (new or alternate agent's name).

b) In the case of a new agent, only the carriers that have issued new powers of attorney may be shown in the take-over publication as participants. All other carriers previously shown as participants shall be shown as canceled, either by listing each and stating its participation is canceled or by showing the following statement or one to similar effect at the beginning of the list:

The following is the list of carriers participating in this tariff as of (take-over date). All carriers previously shown as participants but not shown are canceled.

c) A take-over supplement shall remain in effect for the life of the tariff, except the list of participating carriers may be amended.

d) A take-over supplement is exempt from the provisions of Section 1225.920 limiting the number and volume of supplements.

e) Where joint-agent publications (see Section 1225.300 ) are involved, there are four major situations. In each case, the supplement shall contain only matter necessary to explain the action with the list of participating carriers, if any, appropriately amended.

1) The issuing agent is taken over by an agent not already shown as joining in the publication. The new agent issues the take-over supplement.

2) A joint agent is taken over by an agent other than the issuing agent. The issuing agent of the tariff issues the supplement showing the name of the new agent for the one taken over.

3) A joint agent is taken over by the issuing agent. The issuing agent of the tariff issues the supplement, with the former agent and its ILLCC designation deleted.

4) The issuing agent is taken over by a joint agent shown on the publication. The new agent becomes the issuing agent, issues the take-over supplement, with the former issuing agent and its ILLCC designation deleted.

f) Amendments (including the take-over supplement) filed by the new agent to tariffs issued by the former agent shall, in connection with the ILLCC designation, show that they are in the series of the former agent.

g) New tariffs issued by the new agent shall be in the new agent's own ILLCC designation series. If a new tariff cancels a tariff taken over by the new agent, the cancellation shall indicate the series of the tariff canceled.

h) An alternate agent, after take over, shall continue to use the ILLCC designation series of the former agent, and shall, in connection with the ILLCC designation, identify it by name of the former agent.

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