State of Illinois
90th General Assembly

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[ House Amendment 001 ]


      65 ILCS 5/Art. 1, Div. 2.1 heading new
      65 ILCS 5/1-2.1-1 new
      65 ILCS 5/1-2.1-2 new
      65 ILCS 5/1-2.1-3 new
      65 ILCS 5/1-2.1-4 new
      65 ILCS 5/1-2.1-5 new
      65 ILCS 5/1-2.1-6 new
      65 ILCS 5/1-2.1-7 new
      65 ILCS 5/1-2.1-8 new
      65 ILCS 5/1-2.1-9 new
          Amends the Illinois  Municipal  Code.   Provides  that  a
      municipality  may  provide  for  a  system  of administrative
      adjudication of violations of certain  municipal  ordinances.
      Provides   that   administrative   adjudication  is  not  the
      exclusive method to enforce municipal ordinances.   Sets  the
      powers  and qualifications of hearing officers.  Provides for
      notice  and  opportunity  for  a  hearing  at  administrative
      proceedings.  Provides that the  rules  of  evidence  do  not
      apply  in  administrative  hearings.   Provides  for judicial
      review of administrative decisions.  Allows a municipality to
      enforce  judgments  of  hearing  officers.    Provides   that
      existing  systems of administrative adjudication shall not be
 1        AN ACT to amend the Illinois  Municipal  Code  by  adding
 2    Division 2.1 to Article 1.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    adding Division 2.1 to Article 1 as follows:
 7        (65 ILCS 5/Art. 1, Div. 2.1 heading new)
 9        (65 ILCS 5/1-2.1-1 new)
10        Sec.  1-2.1-1.  Administrative  adjudication of municipal
11    code violations. Any municipality may  provide  by  ordinance
12    for a system of administrative adjudication of municipal code
13    violations   to   the   extent   permitted  by  the  Illinois
14    Constitution.   A  "municipal  code  violation"   means   any
15    violation  of  a  municipal ordinance, except for any offense
16    under the Illinois Vehicle Code or a similar offense that  is
17    a  traffic  regulation governing the movement of vehicles and
18    except for any reportable offense under Section 6-204 of  the
19    Illinois Vehicle Code.
20        (65 ILCS 5/1-2.1-2 new)
21        Sec. 1-2.1-2.  Administrative adjudication procedures not
22    exclusive.   The  adoption  by  a municipality of a system of
23    administrative   adjudication   does   not    preclude    the
24    municipality  from  using  other methods to enforce municipal
25    ordinances.
26        (65 ILCS 5/1-2.1-3 new)
27        Sec. 1-2.1-3.  Code  hearing  units;  powers  of  hearing
28    officers.
                            -2-                LRB9005192MWcd
 1        (a)  An ordinance establishing a system of administrative
 2    adjudication,  pursuant to this Division, shall provide for a
 3    code hearing unit within an existing agency or as a  separate
 4    agency  in  the  municipal  government.   The ordinance shall
 5    establish the jurisdiction of a code  hearing  unit  that  is
 6    consistent  with this Division.  The "jurisdiction" of a code
 7    hearing unit refers to the particular code violations that it
 8    may adjudicate.
 9        (b)  Adjudicatory hearings  shall  be  presided  over  by
10    hearing officers.  The powers and duties of a hearing officer
11    shall include:
12             (1)  hearing  testimony  and accepting evidence that
13        is relevant to the existence of the code violation;
14             (2)  issuing subpoenas directing witnesses to appear
15        and give relevant testimony  at  the  hearing,  upon  the
16        request of the parties or their representatives;
17             (3)  preserving and authenticating the record of the
18        hearing  and  all exhibits and evidence introduced at the
19        hearing;
20             (4)  issuing  and   signing   a   written   finding,
21        decision,  and  order  stating  whether  a code violation
22        exists; and
23             (5)  imposing penalties consistent  with  applicable
24        code  provisions and assessing costs upon finding a party
25        liable for the charged violation, except,  however,  that
26        in  no  event shall the hearing officer have authority to
27        impose a penalty of incarceration.
28        (c)  Prior  to  conducting  administrative   adjudication
29    proceedings,   administrative  hearing  officers  shall  have
30    successfully  completed  a  formal  training   program   that
31    includes the following:
32             (1)  instruction  on  the  rules of procedure of the
33        administrative hearings that they will conduct;
34             (2)  orientation to each subject area  of  the  code
                            -3-                LRB9005192MWcd
 1        violations that they will adjudicate;
 2             (3)  observation of administrative hearings; and
 3             (4)  participation  in hypothetical cases, including
 4        ruling on evidence and issuing final orders.
 5        In addition, all  administrative  hearing  officers  must
 6    meet  at  least  one  of the following qualifications: (i) be
 7    licensed to practice law in the State of Illinois; (ii)  have
 8    previously  served  as a hearing officer for a minimum of one
 9    year for the State or any municipal corporation or  political
10    subdivision  of this State; or (iii) have at least 4 years of
11    professional experience in  the  subject  area  of  the  code
12    violations that they will adjudicate.
13        (65 ILCS 5/1-2.1-4 new)
14        Sec. 1-2.1-4.  Administrative hearing proceedings.
15        (a)  Any    ordinance    establishing    a    system   of
16    administrative adjudication pursuant to this  Division  shall
17    afford  the  parties due process of law, including notice and
18    opportunity for hearing.
19        (b)  Parties shall be given  notice  of  an  adjudicatory
20    hearing  that  includes  the  type  and  nature  of  the code
21    violation to be adjudicated, the date  and  location  of  the
22    adjudicatory  hearing,  the  legal authority and jurisdiction
23    under which the hearing is to be held, and the penalties  for
24    failure to appear at the hearing.
25        (c)  Parties  shall be provided with an opportunity for a
26    hearing during which they  may  be  represented  by  counsel,
27    present  witnesses,  and  cross-examine  opposing  witnesses.
28    Parties may request the hearing officer to issue subpoenas to
29    direct the attendance and testimony of relevant witnesses and
30    the production of relevant documents.
31        (65 ILCS 5/1-2.1-5 new)
32        Sec.  1-2.1-5.  Rules  of  evidence shall not govern. The
                            -4-                LRB9005192MWcd
 1    formal and technical rules of evidence do  not  apply  in  an
 2    adjudicatory hearing permitted under this Division.
 3        (65 ILCS 5/1-2.1-6 new)
 4        Sec. 1-2.1-6.  Judicial review. The decision of a hearing
 5    officer  that  a  code violation does or does not exist shall
 6    constitute a final determination  for  purposes  of  judicial
 7    review under the Illinois Administrative Review Law.
 8        (65 ILCS 5/1-2.1-7 new)
 9        Sec. 1-2.1-7.  Enforcement of judgment.
10        (a)  Any  fine, other sanction, or costs imposed, or part
11    of any fine, other  sanction,  or  costs  imposed,  remaining
12    unpaid  after  the  exhaustion  of  or the failure to exhaust
13    judicial review procedures under the Illinois  Administrative
14    Review Law area are a debt due and owing the municipality and
15    may be collected in accordance with applicable law.
16        (b)  After  expiration  of  the  period in which judicial
17    review under the Illinois Administrative Review  Law  may  be
18    sought  for a final determination of a code violation, unless
19    stayed by a court of competent  jurisdiction,  the  findings,
20    decision, and order of the hearing officer may be enforced in
21    the same manner as a judgment entered by a court of competent
22    jurisdiction.
23        (c)  In  any case in which a hearing officer finds that a
24    defendant has failed to comply with  a  judgment  ordering  a
25    defendant to correct a code violation or imposing any fine or
26    other  sanction as a result of a code violation, any expenses
27    incurred by a municipality to enforce the judgment including,
28    but not limited to, attorney's fees, court costs,  and  costs
29    related  to property demolition or foreclosure after they are
30    fixed by the hearing officer, shall be a debt due  and  owing
31    the  municipality  and  may  be  collected in accordance with
32    applicable law.
                            -5-                LRB9005192MWcd
 1        (d)  A lien shall be imposed  on  the  real  or  personal
 2    estate,  or  both, of the defendant in the amount of any debt
 3    due and owing the municipality under this Section.  The  lien
 4    shall  be  enforceable  in  the  same  manner  as  a  lien of
 5    judgment.
 6        (65 ILCS 5/1-2.1-8 new)
 7        Sec.  1-2.1-8.    Impact   on   existing   administrative
 8    adjudication  systems.   The  Division  shall  not affect the
 9    validity of systems of administrative adjudication that  were
10    authorized  by  State law, including home rule authority, and
11    in existence prior to the effective date of  this  amendatory
12    Act of 1996.
13        (65 ILCS 5/1-2.1-9 new)
14        Sec.  1-2.1-9.   Impact  on  home  rule  authority.  This
15    Division shall not preempt municipalities from adopting other
16    systems of administrative adjudication pursuant to their home
17    rule powers.

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