Illinois RSA No. 3, Inc. v. Department of Central Management Services

We consider whether defendant, the Illinois Department of Central Management Services (CMS), had the authority to promulgate a rule that wireless carriers could recover no more than 100% of a surcharge. The surcharge is to be collected and remitted to a fund established to defray carriers’ expenses in establishing 9-1-1 emergency service. The issue and the validity of the rule arise because the Wireless Emergency Telephone Safety Act (Act) (50 ILCS 751/1 et seq. (West 2002)) allows wireless carriers to receive up to 125% of the amount collected in surcharges. The plaintiffs filed a complaint…