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| Public Act 102-0065 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 1-2.1-4 as follows:
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(65 ILCS 5/1-2.1-4)
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Sec. 1-2.1-4. Code hearing units; powers of hearing | ||||
officers.
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(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
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consistent with this Division. The "jurisdiction" of a code | ||||
hearing unit
refers to the particular code violations that it | ||||
may adjudicate.
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(b) Adjudicatory hearings shall be presided over by | ||||
hearing officers. The
powers and duties of a hearing officer | ||||
shall include:
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(1) hearing testimony and accepting evidence that is | ||||
relevant to the
existence of the code violation;
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(2) issuing subpoenas directing witnesses to appear | ||||
and give relevant
testimony at the hearing, upon the | ||||
request of the parties or their
representatives;
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(3) preserving and authenticating the record of the | ||
hearing and all
exhibits and evidence introduced at the | ||
hearing;
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(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
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including the fine, penalty, or action with which the | ||
defendant must
comply; and
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(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)
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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
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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.
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(c) Prior to conducting administrative adjudication | ||
proceedings,
administrative hearing officers shall have | ||
successfully completed a formal
training program which | ||
includes the following:
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(1) instruction on the rules of procedure of the | ||
administrative hearings
which they will conduct;
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(2) orientation to each subject area of the code | ||
violations that they will
adjudicate;
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(3) observation of administrative hearings; and
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(4) participation in hypothetical cases, including | ||
ruling on evidence and
issuing final orders.
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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.
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(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.
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(Source: P.A. 90-516, eff. 1-1-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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