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(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.)
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