Section 2100.52  Waiver of Prior Notice

a)         Request for waiver.  A request for waiver of prior notice requirements under Section 18c-6305 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-6305) and Commission regulations adopted thereunder must be in writing.

b)         Grant or denial of waiver.  The Illinois Commerce Commission shall grant a waiver of prior notice where:

1)         The persons who would be affected by the discontinuance were aware of the proposal, notwithstanding failure to give prior notice in accordance with Section 18c-6305 of the Law and Commission regulations adopted thereunder;

2)         The additional which would have been afforded by compliance with Section 18c-6305 of the Law and Commission regulations would not preserve service to involved points; or

3)         Enforcement of prior notice requirements under Section 18c-6305 would jeopardize the exercise of state jurisdiction under Federal law.