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| | 10100HB3916ham001 | - 2 - | LRB101 14342 AWJ 67015 a |
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1 | | (b) Adjudicatory hearings shall be presided over by hearing |
2 | | officers. The
powers and duties of a hearing officer shall |
3 | | include:
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4 | | (1) hearing testimony and accepting evidence that is |
5 | | relevant to the
existence of the code violation;
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6 | | (2) issuing subpoenas directing witnesses to appear |
7 | | and give relevant
testimony at the hearing, upon the |
8 | | request of the parties or their
representatives;
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9 | | (3) preserving and authenticating the record of the |
10 | | hearing and all
exhibits and evidence introduced at the |
11 | | hearing;
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12 | | (4) issuing a determination, based on the evidence |
13 | | presented at the
hearing, of whether a code violation |
14 | | exists. The determination shall be in
writing and shall |
15 | | include a written finding of fact, decision, and order
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16 | | including the fine, penalty, or action with which the |
17 | | defendant must
comply; and
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18 | | (5) imposing penalties consistent with applicable code |
19 | | provisions and
assessing costs upon finding a party liable |
20 | | for the charged violation, except,
however, that in no |
21 | | event shall the hearing officer have authority to (i)
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22 | | impose a
penalty of incarceration, or (ii) impose a fine in |
23 | | excess of $50,000, or at
the option of
the municipality, |
24 | | such other amount not to exceed the maximum
amount |
25 | | established by the Mandatory Arbitration System as |
26 | | prescribed by the
Rules of the Illinois Supreme Court from |
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| | 10100HB3916ham001 | - 3 - | LRB101 14342 AWJ 67015 a |
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1 | | time to time for the judicial circuit
in
which the |
2 | | municipality is located.
The maximum monetary fine under |
3 | | this item (5), shall be exclusive of costs of
enforcement |
4 | | or costs imposed to secure compliance with the |
5 | | municipality's
ordinances and shall not be applicable to |
6 | | cases to enforce the collection of
any tax imposed and |
7 | | collected by the municipality.
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8 | | (c) Prior to conducting administrative adjudication |
9 | | proceedings,
administrative hearing officers shall have |
10 | | successfully completed a formal
training program which |
11 | | includes the following:
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12 | | (1) instruction on the rules of procedure of the |
13 | | administrative hearings
which they will conduct;
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14 | | (2) orientation to each subject area of the code |
15 | | violations that they will
adjudicate;
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16 | | (3) observation of administrative hearings; and
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17 | | (4) participation in hypothetical cases, including |
18 | | ruling on evidence and
issuing final orders.
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19 | | In addition, every administrative hearing officer must
be |
20 | | an attorney licensed to practice law in
the State of Illinois |
21 | | for at least 3 years. A person who has served as a judge in |
22 | | Illinois is not required to fulfill the requirements of |
23 | | paragraphs (1) through (4) of this subsection.
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24 | | (d) A proceeding before a code hearing unit shall be |
25 | | instituted upon the
filing of a written pleading by an |
26 | | authorized official of the municipality.
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