101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3916

 

Introduced 10/17/2019, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/1-2.1-4

    Amends the Administrative Adjudications Division of the Illinois Municipal Code. Provides that a person who has served as a Circuit Judge in Illinois is not required to complete specified formal training requirements in order to be an administrative hearing officer. Effective immediately.


LRB101 14342 AWJ 63222 b

 

 

A BILL FOR

 

HB3916LRB101 14342 AWJ 63222 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 1-2.1-4 as follows:
 
6    (65 ILCS 5/1-2.1-4)
7    Sec. 1-2.1-4. Code hearing units; powers of hearing
8officers.
9    (a) An ordinance establishing a system of administrative
10adjudication, pursuant to this Division, shall provide for a
11code hearing unit within an existing agency or as a separate
12agency in the municipal government. The ordinance shall
13establish the jurisdiction of a code hearing unit that is
14consistent with this Division. The "jurisdiction" of a code
15hearing unit refers to the particular code violations that it
16may adjudicate.
17    (b) Adjudicatory hearings shall be presided over by hearing
18officers. The powers and duties of a hearing officer shall
19include:
20        (1) hearing testimony and accepting evidence that is
21    relevant to the existence of the code violation;
22        (2) issuing subpoenas directing witnesses to appear
23    and give relevant testimony at the hearing, upon the

 

 

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1    request of the parties or their representatives;
2        (3) preserving and authenticating the record of the
3    hearing and all exhibits and evidence introduced at the
4    hearing;
5        (4) issuing a determination, based on the evidence
6    presented at the hearing, of whether a code violation
7    exists. The determination shall be in writing and shall
8    include a written finding of fact, decision, and order
9    including the fine, penalty, or action with which the
10    defendant must comply; and
11        (5) imposing penalties consistent with applicable code
12    provisions and assessing costs upon finding a party liable
13    for the charged violation, except, however, that in no
14    event shall the hearing officer have authority to (i)
15    impose a penalty of incarceration, or (ii) impose a fine in
16    excess of $50,000, or at the option of the municipality,
17    such other amount not to exceed the maximum amount
18    established by the Mandatory Arbitration System as
19    prescribed by the Rules of the Illinois Supreme Court from
20    time to time for the judicial circuit in which the
21    municipality is located. The maximum monetary fine under
22    this item (5), shall be exclusive of costs of enforcement
23    or costs imposed to secure compliance with the
24    municipality's ordinances and shall not be applicable to
25    cases to enforce the collection of any tax imposed and
26    collected by the municipality.

 

 

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1    (c) Prior to conducting administrative adjudication
2proceedings, administrative hearing officers shall have
3successfully completed a formal training program which
4includes the following:
5        (1) instruction on the rules of procedure of the
6    administrative hearings which they will conduct;
7        (2) orientation to each subject area of the code
8    violations that they will adjudicate;
9        (3) observation of administrative hearings; and
10        (4) participation in hypothetical cases, including
11    ruling on evidence and issuing final orders.
12    In addition, every administrative hearing officer must be
13an attorney licensed to practice law in the State of Illinois
14for at least 3 years. A person who has served as a Circuit
15Judge in Illinois is not required to fulfill the requirements
16of paragraphs (1) through (4) of this subsection.
17    (d) A proceeding before a code hearing unit shall be
18instituted upon the filing of a written pleading by an
19authorized official of the municipality.
20(Source: P.A. 90-516, eff. 1-1-98.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.