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)

2-14-050 Administrative law officers – Training requirements.

   Prior to conducting any administrative adjudication proceeding, an administrative law officer shall have successfully completed a formal training program, approved by the director, which includes the following:

   (1)   instruction on the rules of procedure of the administrative hearings which he or she will conduct;

   (2)   orientation to each subject area of the code violations which he or she will adjudicate;

   (3)   observation of administrative hearings; and

   (4)   participation in hypothetical cases, including ruling on evidence and issuing final orders.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

2-14-060 Rules and regulations – Available for public inspection.

   The rules and regulations promulgated for the conduct of administrative adjudication proceedings shall be published and kept on file in the office of the director where they shall be available to the public for inspection and copying during normal business hours.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

2-14-065 General provisions.

   The provisions of this article shall apply to administrative adjudication proceedings conducted by the department of administrative hearings to the extent that they are not inconsistent with the provisions of this Code which set forth specific procedures for the administrative adjudication of particular code provisions.

(Added Coun. J. 4-29-98, p. 66564)

2-14-070 Instituting administrative adjudication proceedings.

   Any authorized department or agency of the city may institute an administrative adjudication proceeding with the department of administrative hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the department of administrative hearings.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

2-14-072 Adjudication by mail.

   The rules adopted by the director for the conduct of administrative adjudication proceedings may provide that a respondent may elect to contest an alleged violation through an adjudication by mail rather than at an administrative hearing.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

2-14-074 Notice.

   (a)   Before any administrative adjudication proceeding may be conducted, the parties shall be afforded notice in compliance with this section.

   (b)   Unless otherwise provided by law or rule, the issuer of a notice of violation or notice of hearing shall specify on the notice his or her name and department; where known, the name and address of the person or entity charged with the violation; the date, time and place of the violation; and the section of the code or departmental rule or regulation which was allegedly violated; and shall certify the correctness of the specified information by signing his or her name to the notice. A notice of hearing shall also include the date, time and location of the hearing and the penalties for failure to appear at the hearing.

   (c)   Unless otherwise provided by law or rule, a notice of violation or notice of hearing shall be served upon the alleged violator no less than seven calendar days prior to the date of the hearing: (i) by first class or express mail or by overnight carrier at the violator's residence address or, if the violator is a business entity, at any address identified for its registered agent or at its principal place of business; or (ii) by personal service, including personal service upon an employee or agent of the alleged violator at a place of business of the alleged violator or otherwise if such service is reasonably calculated to give the alleged violator actual notice; or (iii) if service cannot be made by either of (i) or (ii) above, when the alleged violator is the owner or manager of the property by posting a copy of the violation notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the violation notice in a prominent place upon the property where the violation is found.

   (d)   In all non-emergency situations, if requested by the respondent, the respondent shall have at least 15 days after the date of mailing or other service of a notice of violation or notice of hearing to prepare for a hearing. For purposes of this section, “non-emergency situation” means any situation that does not reasonably constitute a threat to the public interest, safety or welfare.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 11-9-16, p. 36266, § 2)