(65 ILCS 5/1-2.1-4)
Sec. 1-2.1-4. Code hearing units; powers of hearing officers.
(a) An ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall provide for a code hearing unit within an
existing agency or as a separate agency in the municipal government. The
ordinance shall establish the jurisdiction of a code hearing unit that is
consistent with this Division. The "jurisdiction" of a code hearing unit
refers to the particular code violations that it may adjudicate.
(b) Adjudicatory hearings shall be presided over by hearing officers. The
powers and duties of a hearing officer shall include:
(1) hearing testimony and accepting evidence that is |
| relevant to the existence of the code violation;
|
|
(2) issuing subpoenas directing witnesses to appear
|
| and give relevant testimony at the hearing, upon the request of the parties or their representatives;
|
|
(3) preserving and authenticating the record of the
|
| hearing and all exhibits and evidence introduced at the hearing;
|
|
(4) issuing a determination, based on the evidence
|
| presented at the hearing, of whether a code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply; and
|
|
(5) imposing penalties consistent with applicable
|
| code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, or at the option of the municipality, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the municipality is located. The maximum monetary fine under this item (5), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the municipality's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality.
|
|
(c) Prior to conducting administrative adjudication proceedings,
administrative hearing officers shall have successfully completed a formal
training program which includes the following:
(1) instruction on the rules of procedure of the
|
| administrative hearings which they will conduct;
|
|
(2) orientation to each subject area of the code
|
| violations that they will adjudicate;
|
|
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including
|
| ruling on evidence and issuing final orders.
|
|
In addition, every administrative hearing officer must
be an attorney licensed to practice law in
the State of Illinois for at least 3 years. A person who has served as a judge in Illinois is not required to fulfill the requirements of items (1) through (4) of this subsection.
(d) A proceeding before a code hearing unit shall be instituted upon the
filing of a written pleading by an authorized official of the municipality.
(Source: P.A. 102-65, eff. 7-9-21.)
|
(65 ILCS 5/1-2.1-5)
Sec. 1-2.1-5. Administrative hearing proceedings.
(a) Any ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall afford parties due process of law, including
notice and opportunity for hearing. Parties shall be served with process in a
manner reasonably calculated to give them actual notice, including, as
appropriate, personal service of process upon a party or its employees or
agents;
service by mail at a party's address; or notice that is posted upon the
property where the violation is found when the party is the owner or manager of
the property.
In municipalities with a population under 3,000,000, if the notice requires the respondent to answer within
a
certain amount of time, the municipality must
reply to the answer within the same amount of time afforded to the
respondent.
(b) Parties shall be given notice of an adjudicatory hearing which includes
the type and nature of the code violation to be adjudicated, the date and
location of the adjudicatory hearing, the legal authority and jurisdiction
under which the hearing is to be held, and the penalties for failure to appear
at the hearing.
(c) Parties shall be provided with an opportunity for a hearing during which
they may be represented by counsel, present witnesses, and cross-examine
opposing witnesses. Parties may request the hearing officer to issue subpoenas
to direct the attendance and testimony of relevant witnesses and the production
of relevant documents. Hearings shall be scheduled with reasonable promptness,
provided that for hearings scheduled in all non-emergency situations, if
requested
by the defendant, the defendant shall have at least 15
days after service of process to prepare for a hearing.
For purposes of this subsection (c), "non-emergency situation" means any
situation that does not reasonably constitute a threat to the public
interest, safety, or welfare. If service is provided by mail, the 15-day
period shall begin to run on the day that the notice is deposited in the
mail.
(Source: P.A. 94-616, eff. 1-1-06.)
|