2-14-040 Administrative law officers – Powers and duties.

   Each administrative law officer appointed by the director shall be an attorney admitted to the practice of law in the State of Illinois for at least three years. Administrative law officers shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to:

   (1)   hold conferences for the settlement or simplification of the issues;

   (2)   administer oaths and affirmations;

   (3)   hear testimony;

   (4)   rule upon motions, objections, and the admissibility of evidence;

   (5)   subject to the restrictions contained in Section 2-14-080, at the request of any party or on the administrative law officer's own motion, subpoena the attendance of relevant witnesses and the production of relevant books, records, or other information;

   (6)   preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;

   (7)   regulate the course of the hearing in accordance with this chapter, the rules adopted by the department for the conduct of administrative hearings, or other applicable law;

   (8)   discuss administrative adjudication proceedings with their supervisors;

   (9)   issue a final order which includes findings of fact and conclusions of law;

   (10)   impose penalties and fines and issue orders that are consistent with applicable code provisions and assess costs upon finding a party liable for the charged violation; provided, however, that in no event shall an administrative law officer have the authority to: (i) impose a penalty of imprisonment; or (ii) except in cases to enforce the collection of any tax imposed and collected by the city, in which this limitation shall not apply, impose a fine in excess of $50,000 exclusive of costs of enforcement or costs imposed to secure compliance with this Code; and

   (11)   in any case in which a party has sought review by the department of administrative hearings of an order or determination of another city department or agency, when such review is authorized by this Code, assess costs upon affirming the order or determination.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 4-29-98, p. 66564)