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Compliance with this chapter shall be enforced through the One-Call Adjudicatory Process as provided for in this article. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., are hereby adopted and incorporated into this chapter as if fully set forth herein.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)
The Commissioner of Transportation shall act ex officio as the Director of the One-Call Adjudicatory Process, and in his discretion may appoint a designee to carry out those powers and duties. The powers and duties of the Director shall include:
(a) directing the management and structure of the One-Call Adjudicatory Process;
(b) appointing and removing Administrative Law Officers, as necessary;
(c) promulgating rules for the proper administration and enforcement of the One-Call Adjudicatory Process;
(d) monitoring and supervising the work of the Evaluation Panel;
(e) issuing determinations as to liability after receipt and review of reports and recommendations from the Evaluation Panel; and
(f) issuing discipline to CDOT employees found liable for violations of this chapter and issuing recommendations of discipline to the relevant department head whose employees are found liable for violations of this chapter.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) The Director shall establish an Evaluation Panel comprising the following eight members, appointed by the Director: one member, who shall be the chairman, representing 811 Chicago; one member representing CDOT; one member representing the City of Chicago Department of Water Management; one member representing a non-governmental pipeline owner and operator; two members representing other non-governmental underground facility owners and operators; and two members representing the Greater Chicago Damage Prevention Council. In the initial group of appointees, four shall serve three-year terms and four shall serve two-year terms. Each subsequent appointee shall be chosen by the Director with the advice of the Panel members, and shall serve a two-year term, unless dismissed by the Director for cause. The Director shall have the authority to fill any vacancy on the Panel for the unexpired portion of the vacating member's term. The City shall provide staff support and meeting space to the Evaluation Panel.
(b) The Evaluation Panel shall consider all Administrative Notices of Violation issued under this chapter and brought before it, as well as any reports, position statements, and evidence transmitted with the Administrative Notice of Violation. For each Administrative Notice of Violation, the Evaluation Panel shall issue a recommendation with stated reasons advising whether the Director should find violations of this chapter and impose penalties and sanctions on any of the relevant persons.
(c) The members of the Evaluation Panel shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of the Panel, unless the act or omission was the result of willful and wanton misconduct.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) 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.
(b) 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 will conduct;
(2) orientation to each subject area of the code violations which he will adjudicate;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including ruling on evidence and issuing final orders.
(c) An Administrative Law Officer shall hear all motions to review determinations of the Director. The Administrative Law Officer shall conduct a review hearing of the Administrative Notice of Violation. The Administrative Law Officer shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to:
(l) 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 10-21-300, 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 One-Call Adjudicatory Process for the conduct of administrative hearings, or other applicable law;
(8) issue a final order which includes findings of fact and conclusions of law; and
(9) 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 the Administrative Law Officer have the authority to impose a fine in excess of $50,000 exclusive of costs of enforcement or costs imposed to secure compliance with this Code.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) The Commissioner shall empower one or more inspectors of CDOT to investigate work sites and claims of violations of this chapter. At an inspector's request, all parties shall cooperate and turn over to the inspector requested information such as, but not limited to, work sheets, photos, permits, reports, and make available relevant personnel to help in his investigation. All facts that parties wish to be considered by the Evaluation Panel shall be turned over to the inspector during his investigation.
(b) When a potential violation of this chapter is revealed by inspection or investigation, CDOT may issue an Administrative Notice of Violation to parties who may be in violation of this chapter.
(1) No action may be brought unless commenced within the 24-month period following the date of alleged violation.
(2) The Administrative Notice of Violation shall be issued in compliance with the notice provision of Section 10-21-280(c) and (e).
(3) Copies of all evidence CDOT plans on providing to the Evaluation Panel in support of the existence of violation shall be provided with the Administrative Notice of Violation.
(c) A person to whom an Administrative Notice of Violation has issued may, within 21 days of issuance, pay the indicated fine, if available. If the fine is not paid within that period, or if advance payment is not available, the Administrative Notice of Violation will go to the Evaluation Panel for review.
(d) Within 30 days after an Administrative Notice of Violation has issued, the respondent may file a defense in the form of a position statement with the inspector for transmission to the Evaluation Panel. The position statement may include as exhibits all relevant briefs, affidavits, permits, photos, reports and worksheets.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) Before any administrative adjudication proceeding may be conducted under this article, the parties shall be afforded notice in compliance with this section.
(b) A CDOT inspector shall notify potential respondents that he has begun an investigation, the subject matter of his investigation, and their responsibilities to preserve and produce evidence in relation to that investigation.
(c) The issuer of an Administrative Notice of Violation shall specify on the notice his name and badge number; where known, the name and address of the person charged with the violation; the date and place of the violation; and the section of the Code or rule which was allegedly violated; and shall certify the correctness of the specified information by signing his name to the notice. The notice shall indicate whether the matter may be prepaid. The notice shall inform the respondent of what may be submitted to CDOT prior to the review of the Administrative Notice of Violation by the Evaluation Panel.
(d) A respondent of the category delineated in subsection 10-21-290(b)(2)(B) who timely requests a review of a Director's determination shall be provided with a Notice of Hearing prior to the hearing before the Administrative Law Officer. A Notice of Hearing shall include the date, time, and location of the hearing and the penalties for failure to appear at the hearing before the Administrative Law Officer. A Notice of Hearing shall be served upon the alleged violator no less than seven calendar days prior to the date of the hearing.
(e) Service of an Administrative Notice of Hearing or a Notice of Hearing shall be:
(1) by first class or express mail or by overnight carrier at the address on record with 811 Chicago; or
(2) if the location of the alleged violation is within the scope of a permit, then the address on the permit issued for work at that location; or
(3) to the alleged violator's residence address or, if the alleged violator is a business entity, at any address identified for its registered agent or at its place of business; or
(4) 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
(5) by electronic mail to the address provided for that purpose to 811 Chicago by the respondent.
(f) 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 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. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) The Evaluation Panel shall consider all Administrative Notices of Violation brought before it. It shall also consider any evidence in support of the Administrative Notice of Violation provided by the inspector including, but not limited to, reports, permits, photos, work sheets, affidavits, and statements in support of positions. When possible, all Administrative Notices of Violation which regard a worksite shall be considered together to avoid piecemeal adjudication. Any panel member whose company or department is cited shall remove himself from consideration of that citation. After consideration of the evidence, the Evaluation Panel shall decide whether liability should be assessed, and, if so, determine an appropriate sanction, all of which it shall recommend to the Director.
(b) Within 30 days of receipt of the Evaluation Panel's recommendation, the Director shall review the Evaluation Panel's recommendation and the record and determine whether to issue a finding of liability and, in the case of a finding of liability, what sanctions to impose. The Director shall issue a determination accepting, rejecting, or otherwise modifying the Evaluation Panel's findings and recommendations. The Director shall provide the respondent notice of the determination, as well as notice of the right to request review of the determination by filing with the Director a written request for review within 30 days of issuance of the notice.
(1) If no request for review is made within this time, any fine, other sanction or costs imposed by the Director's order that remain unpaid shall be a debt due and owing the City for purposes of Section 1-20-090 and, as such, may be collected in accordance with applicable law. Unless stayed by a court of competent jurisdiction, the findings, determination, and order of the Director may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(2) If the respondent files a timely request for review, and
(A) the respondent is not the City, one of its departments, or an employee of the City, then the Director shall convene a review hearing.
(B) the respondent is the City, one of its departments, or an employee of the City, then the Director shall transmit to the head of the relevant City department a copy of the Administrative Notice of Violation and the determination of liability, and request disciplinary action. The appropriate commissioner shall provide a response describing any such action taken. This response shall be provided to the Director within 30 days after receipt of the disciplinary recommendation. The Director shall retain on file a copy of each notice transmitted pursuant to this subsection, as well as each corresponding response. Any appeal from a finding of liability to an employee shall in accordance with any applicable collective bargaining agreement. Review by the Administrative Law Officer is not available for represented employees.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 11-21-17, p. 61913, § 12; Amend Coun. J. 9-14-21, p. 35804, § 1)
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