92 Ill. Adm. Code 1710.91
Written Authorizations to Relocate/Contracts
Section 1710
Section 1710.91 Written
Authorizations to Relocate/Contracts
a) Each relocator shall maintain a file of all written
authorizations to relocate vehicles, and of contracts relating to the
relocation of vehicles.
b) Each contract between a relocator and one or more property
owners, lessees or agents shall state:
1) The name of the relocator and all other parties to the
contract;
2) The location of each property to which the contract applies;
3) A description of all services to be provided by the relocator;
and
4) A description of all compensation to be received by the
relocator.
c) Each contract shall also provide that:
1) Signs posted on the property in compliance with this Part are
the property of the relocator;
2) The relocator has the right to enter the property for purposes
of posting and removing signs;
3) The contract shall not be terminated except on 10 days notice;
and
4) The contract is the exclusive statement of terms between the
parties.
d) The provisions required under subsection (c) shall be implied
if not expressly stated in the contract.
e) The provisions of subsections (c)(1) and (c)(2) shall remain
in effect until all signs have been removed by the relocator, notwithstanding
the termination of the contract for other purposes.
f) Contract Summary.
1) No authorization to tow or contract shall be effective until a
completed copy of the Commission's Relocator Contract Summary form covering the
authorization or contract has been electronically filed with and accepted by
the Commission.
2) Only one authorization to tow or contract shall be in effect
for any lot at any time. No other authorization or contract shall become
effective until the prior authorization has been cancelled and notice of
cancellation is filed with the Commission.
3) Relocator Contract Summaries shall be filed electronically
with the Commission. Summaries shall state whether trespassing vehicles will be
removed from the property on a patrol basis or only when contacted by the
property owner, lessee or agent. When a contract permits removal of trespassing
vehicles by both a property owner's request and a patrol basis, the relocator
shall file that contract as a patrol contract. When one authorization to tow
applies to multiple parking lot locations, each address shall be filed
electronically with the Commission.
4) Notices of cancellation shall be filed with the Commission, by
first class U.S. mail or hand delivery, at the following address:
Illinois Commerce Commission Police
9511 West Harrison Street
Des Plaines, Illinois 60016
g) Relocators shall, at least once prior to December 31, 2013 and
once during each 3 year period thereafter, attempt to contact the property
owners, lessees and agents under contract with the relocator to update their
contract files, and shall update information on file with the Commission if updated
information is obtained through this process. Relocators shall document their
efforts to contact property owners, lessees and agents.
h) Written authorization to relocate vehicles shall continue in
effect, notwithstanding a change in ownership or management of the property,
until the contract is cancelled by filing a Notice of Cancellation in
accordance with Section 1710.91(f)(4). Any authorization to tow or contract
entered into with a property owner, lessee or agent after November 1, 2010
shall contain a printed statement that:
"This
authorization to relocate vehicles shall continue in effect notwithstanding a
change in ownership or management of the property until the contract is
cancelled by filing a Notice of Cancellation in accordance with Section
1710.91(f)(4)."