(A) All administrative hearings conducted by a hearing officer are open to the public and shall be presided over by a duly appointed hearing officer who is charged with providing the parties a full and fair opportunity to be heard.
(B) All administrative hearings shall be conducted on the date set for hearing. In rare instances and for good cause shown, a continuance may be granted at the discretion of the administrative hearing officer. The purpose of administrative hearings is to provide a prompt resolution of alleged code violations. Accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than two months.
(C) The formal and technical rules of evidence shall be waived in the conduct of the hearing. Evidence, including hearsay, may be admitted. Respondents may be represented by attorney or other representative. The city may, but need not, be represented by an attorney or other representative. The respondent may testify, present witnesses, and cross-examine any opposing witnesses. The complaint shall be considered proof of a complaint violation and the city may, but need not, present witnesses or other proofs. The hearing officer shall consider the police report and any accompanying pictures or other documents. For good cause shown to the hearing officer, the parties may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents.
(D) The hearing officer shall permit persons to contest the merits of a charge without attending a hearing. Any person may file a notarized statement of facts specifying grounds for contesting the violation notice, which must be received with the office of administrative hearings no less than five business days prior to the date of the hearing.
(E) No violation may be established except upon proof by a preponderance of the evidence. The charging document, issued in accordance with the applicable provisions of this code, however, shall be prima facie evidence of the correctness of the facts specified in the document.
(F) If at the time set for hearing, the respondent, or their attorney or other agent fails to appear, the administrative hearing officer shall enter a default judgment of liability against the respondent and impose fines and assess costs.
(G) The administrative hearing officer shall dismiss a case without prejudice upon motion by a representative of the city.
(H) At the conclusion of a hearing, the hearing officer shall issue their final determination which may be liable, not liable, or liable upon default or a plea of no contest. If the hearing officer issues a final determination of liability, the hearing officer shall impose fines and assess costs. At the request of the city, the hearing officer may issue an order of compliance. The order of compliance shall set a further compliance hearing and the hearing officer may advise the respondent that the fine amount will be determined at the further compliance hearing taking into consideration needed compliance work. At any scheduled compliance hearing, the hearing officer may continue the matter for a further compliance hearing, and may establish a fine if not before established.
(I) The cost to be assessed as part of an administrative hearing shall be $30 consisting of fees associated with file management/record keeping, fees paid the hearing officer, and review and/or attendance by the City Attorney.
(J) If one or more respondents are present, the hearing officer shall make their decision both orally and in writing. The hearing officer shall under all circumstances issue a written decision. The decision shall also contain a statement that the respondent may appeal the decision to the Circuit Court within 35 days, pursuant to the Illinois Administrative Review Act set forth in ILCS Ch. 735, Act 5, §§ 3-101 et seq. Any decision of the hearing officer finding liability shall provide fine payment information to the offender. The Code Hearing Unit within five business days of a written decision shall mail a copy of the order by United States mail to any respondent not present at the hearing.
(K) The hearing officer's written final determination shall constitute a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act.
(L) The hearing officer may set aside any order entered by default and set a new hearing date upon a petition received by the Code Hearing Unit within 21 days after the issuance of the order of default and mailing of the order. The hearing officer may vacate a default if they determine that the respondent's failure to appear at the hearing was for good cause or at any time if the respondent establishes that the city did not provide proper service of process. If any judgment is set aside pursuant to this section, the hearing officer shall have the authority to enter any order extinguishing any lien which has been recorded for any debt due and owing the city as a result of the vacated default order.
(M) The Mayor, or in his or her absence the members to the Code Hearing Division, shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means. Recording by any means by any member of the public is prohibited unless expressly authorized by the hearing officer. The record of all hearings before an administrative hearing officer shall include a copy of the findings, decision, and order of the administrative hearing officer's final determination.
(Ord. 1625, passed 1-18-17)