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(a) When a respondent timely requests a review of a determination by the Director, it shall receive a hearing consistent with this chapter.
(b) An attorney who appears on behalf of any person shall file with the Administrative Law Officer a written appearance on a form provided by the One-Call Adjudicatory Process for such purpose.
(c) The Administrative Law Officer may grant continuances only upon a finding of good cause.
(d) All testimony shall be given under oath or affirmation.
(e) No new documents may be introduced before the Administrative Law Officer which were available to the parties prior to review of the Evaluation Panel.
(f) The Administrative Law Officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents. Issuance of subpoenas shall be subject to Section 10-21-300.
(g) Subject to subsection (i) of this section, the Administrative Law Officer may permit witnesses to submit their testimony by affidavit or by telephone.
(h) The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(i) The Administrative Law Officer shall give deference to the Evaluation Panel's findings of fact and the Director's determination. The Administrative Law Officer shall take de novo consideration as to the weight of the testimony and credibility of the witnesses. The party who seeks review of the Director's determination has the burden to establish that the decision was clear error, and thus must firmly convince the Administrative Law Officer that a mistake was made in the Director's determination.
(j) Upon the timely request of any party to the proceeding, any person, who the Administrative Law Officer determines may reasonably be expected to provide testimony which is material and which does not constitute a needless presentation of cumulative evidence, shall be made available for cross-examination prior to a final decision.
(k) Upon conclusion of a hearing, the Administrative Law Officer shall issue a final decision affirming or reversing, in whole or in part, the Director's determination. Upon issuing a final decision the Administrative Law Officer may modify the Director's determination accordingly, provided that the Administrative Law Officer's decision is consistent with this Chapter 10-21. It may also assess costs reasonably related to instituting the administrative adjudication proceeding; provided, however, that in no event shall the Administrative Law Officer have the authority to impose a fine in excess of $50,000.00 exclusive of costs of enforcement or costs imposed to secure compliance with this Code.
(l) The record of all hearings before the Administrative Law Officer shall include:
(1) a record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;
(2) all documents presented at the hearing;
(3) a copy of the administrative notice of violation;
(4) a copy of the Evaluation Panel's findings of fact and recommendation;
(5) a copy of the Director's determination;
(6) a copy of the notice of hearing; and
(7) a copy of the findings and decision of the Administrative Law Officer.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 11-7-18, p. 88803, § 27; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) If at the time set for a hearing the respondent or his attorney of record fails to appear, the Administrative Law Officer shall find the respondent in default, terminate the proceedings, and revert to the determination of the Director, unless either (1) prior to the hearing, a respondent and the City have agreed to continue the matter and that continuance is met with the approval of the Administrative Law Officer, or (2) the Administrative Law Officer finds that the respondent was not provided with proper notice of the hearing. A copy of the order of default shall be served in any manner permitted by Section 10-21-280(c).
(b) A respondent who is found to be in default may petition the Administrative Law Officer to set aside the order of default and set a new hearing date in accordance with Section 10-21-330.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
The Administrative Law Officer may vacate any order entered by default and set a new hearing date upon a petition filed within 21 days after the issuance of the order of default if the Administrative Law Officer determines that the petitioner's failure to appear at the hearing was for good cause or, at any time if the petitioner establishes that the petitioner was not provided with proper service of process. If the petition is granted, the order shall be vacated and the Administrative Law Officer shall proceed with a new hearing on the underlying matter as soon as practical.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)
(a) A person violates this section if he:
(1) is provided with notice and an opportunity to be heard under this Code; and
(2) knowingly fails to comply with an order issued by the Director or the Administrative Law Officer under this chapter, including any requirement of a subpoena.
Each day that the violation occurs shall be considered a separate and distinct offense.
(b) It is not a defense to this section that a person:
(1) came into compliance or attempted to come into compliance with the order after the date upon which the order, by its terms, required compliance; or
(2) sought judicial review of the order but failed to obtain a stay of the order prior to the date upon which the order, by its terms, required compliance.
(c) Sentence. A person convicted under this section shall be punished by:
(1) a fine of not less than $200.00 and not more than $500.00 for each offense;
(2) incarceration for not more than 180 days for each offense; and/or
(3) an order to perform community service for a period not to exceed 200 hours for each offense.
(d) The corporation counsel shall institute actions under this section in a court of competent jurisdiction.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
Any final decision by the Administrative Law Officer that a code violation does or does not exist shall constitute a final decision for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) Any fine, other sanction or costs imposed by order of the One-Call Adjudicatory Process that remains unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures shall be a debt due and owing the City and, as such, may be collected in accordance with applicable law.
(b) After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the findings, decision and order of the One-Call Adjudicatory Process may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(c) In any case in which a respondent fails to comply with an order of the One-Call Adjudicatory Process imposing a fine or other sanction as a result of a code violation, any expenses incurred by the City to enforce the order of the One-Call Adjudicatory Process, including but not limited to, attorney's fees, court costs, and costs, after they are fixed by a court of competent jurisdiction or an Administrative Law Officer shall be a debt due and owing the city. The matter may be enforced in the Department of Administrative Hearings under Section 2-14-103.
(d) Nothing in this section shall prevent the City from enforcing or seeking to enforce any order of the One-Call Adjudicatory Process in any manner which is in accordance with applicable law.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)