b) The Director, or his/her designated officer, may terminate an exemption if the Director, or his/her designated officer, obtains any information evidencing that:

1. 1) Any activity under the exemption is not being performed in accordance with the terms of the exemption or this Subpart C; or
2. 2) On the basis of information not available at the time the exemption was granted, a termination of the exemption is necessary to adequately protect against risks to life and property; or
3. 3) The exemption is no longer consistent with the public interest; or
4. 4) The exemption is no longer necessary because of an amendment to the Illinois Motor Carrier Safety Regulations; or
5. 5) The exemption was granted on the basis of false, fraudulent, or misleading representations or information by the applicant in an application.

d) A letter of termination will be sent to the firm by certified mail, return receipt requested. The letter, mailed by the Division, will include:

1. 1) a statement of the reasons for termination of the exemption;
2. 2) the provisions of this Subpart C and the IMCSR that support termination; and
3. 3) a statement that the letter of termination is final unless an appeal is filed in accordance with Section 386.1350.

f) If a firm does not file an appeal, it may reapply for an exemption one calendar year after the date of the letter of termination.

(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)