The system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations shall provide for an Ordinance Enforcement Administrator, an Administrative Hearing Officer, a System Coordinator/Computer Operator, and hearing room personnel with the power, authority and limitations as are hereinafter set forth:
A. Ordinance Enforcement Administrator: The Ordinance Enforcement Administrator shall be the Fiscal Services Manager or his designee. The Ordinance Enforcement Administrator shall be empowered and is hereby authorized and directed to:
1. Operate and manage the system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations.
2. Adopt, distribute and process vehicular standing and parking violations and vehicle compliance citations and other notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter.
3. Collect money paid as fines and penalties assessed for violations of vehicular standing and parking violations and vehicle compliance violations ordinances.
4. Certify copies of final determinations of vehicular standing and parking violations and vehicle compliance violations liability and factual reports verifying that the final determination of standing, parking, and compliance regulation violations liability was issued in accordance with this chapter and section 11-208.3 of the Illinois Vehicle Code, as amended.
5. Certify reports to the Illinois Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter, hereinafter set forth, and those of section 6-306.5 of the Illinois Vehicle Code, as amended.
6. Review final determinations of vehicular standing and parking violations and vehicle compliance violations liability, or validity of notice of impending driver's license suspension, in an administrative review capacity in accordance with the provisions of this chapter, hereinafter set forth.
7. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
8. Obtain the Village Attorney's advice and consent regarding the method of collecting unpaid fines and penalties through the Illinois Debt Recovery Offset Portal (IDROP) program through the Illinois State Comptrollers' Office or by either filing complaints in the Circuit Court or selecting or appointing an individual or agency to act on behalf of this Village in filing complaints seeking judgments for unpaid fines or penalties and pursuit of all post judgment remedies available by current law.
B. Administrative Hearing Officer: The Administrative Hearing Officer shall be appointed by the Village President with the advice and consent of the Village Board and shall serve pursuant to the terms set forth in an employment agreement for such services approved by the Corporate Authorities of the Village. The Administrative Hearing Officer shall be subject to removal by the Corporate Authorities. In making selections, the Corporate Authorities shall consider all pertinent information, including at a minimum:
1. A candidate's ability to comply with job description as set forth herein.
2. Background and performance data to the Village Administrator on file with the Village, or otherwise obtained by the Village.
3. Whether the candidate meets the statutory criteria as an attorney licensed to practice law in the State of Illinois for at least three (3) years.
4. Demonstrate a minimum of three (3) years' experience as an Administrative Hearing Officer for a program of administrative adjudication of Municipal ordinance violations; or
5. Successfully complete a formal training program, which includes instruction on the rules of procedure of the administrative hearings which they will conduct; orientation to each subject area of the Code violations that they will adjudicate; observation of administrative hearings; and participation in hypothetical cases, including ruling on evidence and issuing final orders pursuant to chapter 65, act 5, section 1-2.1-4(c) of the Illinois Municipal Code 1 , as amended.
C. Duties: The Administrative Hearing Officer shall:
1. Preside over the administrative hearings, established herein, as the adjudicator.
2. Administer oaths.
3. Hear testimony and/or accept evidence that is relevant to the existence of an ordinance violation.
4. Issue subpoenas to secure the attendance of witnesses and the production of relevant papers or documentation provided the applicable witness fees provided in section 4.3 of the Circuit Courts Act, as amended, have been paid by the party requesting the subpoena.
5. Rule upon objections and the admissibility of evidence.
6. Assess fines and penalties for the violation of vehicular standing, parking, or compliance regulation violations set forth in section 6-20-10 of this chapter.
7. Make a final determination of the liability for any vehicular standing and parking violations and vehicle compliance violations.
8. Provide for the accurate recording of the administrative adjudication hearings, and preserve and authenticate all evidence introduced on the record of the hearing, including all exhibits.
D. System Coordinator/Computer Operator: The System Coordinator/Computer Operator shall be appointed by the Village Administrator and is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system created in this chapter. The System Coordinator/Computer Operator shall be responsible for entering and tracking data and producing and when applicable, generating written documentation pertaining to:
1. Citation information.
2. Hearing dates and notice dates.
3. Fine and penalty assessments and payments.
4. Issuance of payment receipts.
5. Succeeding notices of hearing dates, final determination of liability, and notice of impending driver's license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provisions hereinafter set forth.
6. Records of appearances and nonappearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
E. Hearing Room Personnel: The hearing room personnel shall be appointed by the Village Administrator and shall otherwise be employed as full time Village police officers. The hearing room personnel are hereby authorized and directed to:
1. Maintain hearing room decorum.
2. Have and execute the authority granted to courtroom deputies of the Circuit Court.
3. Perform such other duties or acts as may reasonably be required and as directed by the Administrative Hearing Officer or Ordinance Enforcement Administrator.
F. Multiple Positions: Nothing in this chapter shall be intended to prohibit one person from holding and fulfilling the requirements of one or more of the above stated positions or offices, or prohibit an Administrative Hearing Officer appointed to hear matters under this chapter from serving as the Administrative Hearing Officer appointed to hear matters pursuant to title 1, chapter 15, of this Code.
G. Compensation: Compensation to be paid for each of the above stated positions and office(s) shall be as determined and approved by the Corporate Authorities of the Village. (Ord. 2018-98, 8-21-2018)
Notes
| 1 | 1. 65 ILCS 5/1-2.1-4(c). |