(a) The system of administrative adjudication of vehicular standing, parking, compliance regulations and automated traffic law violation(s) shall provide for a Traffic Compliance Administrator, a Hearing Officer, a Computer Operator/System Coordinator and hearing room personnel (Deputy), with the power, authority and limitations as set forth in this Section.
(b) Traffic Compliance Administrator. The position of Traffic Compliance Administrator shall be filled by the Chief of Police of the Village of Richton Park. The Traffic Compliance Administrator shall be empowered and is hereby authorized and directed to:
(1) Operate and manage the system of administrative adjudication of vehicular standing, parking, compliance regulations, and automated traffic law violations.
(2) Adopt, distribute and process parking, compliance, and automated traffic law violation notices and other notices as may be required under this Chapter, or as may be reasonably required to carry out the purpose of this Chapter.
(3) Collect money paid as fines and/or penalties assessed after a final determination of violation of vehicular standing, parking, compliance, and automated traffic laws.
(4) Certify copies of final determinations of standing, parking, compliance regulation and automated traffic law violations liability and factual reports verifying that the final determination of standing, parking, compliance regulation, and automated traffic law violation liability was issued in accordance with this Chapter and 625 ILCS 5/11-208.3.
(5) Certify reports to the Illinois Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of Section 412.10 of this Chapter, and under 625 ILCS 5/6-306.5.
(6) Review final determinations of vehicular standing, parking, compliance regulation, and automated traffic law violations liability, validity of notices of impending impoundment, or validity of notice of impending driver's license suspension in accordance with the provisions set forth in Section 412.12 of this Chapter.
(7) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
(8) Collect unpaid fines and penalties by filing complaints in the Circuit Court of Cook County, or by requesting an individual or agency appointed or selected by the Village Manager to act on behalf of the Village in filing complaints seeking judgments for unpaid fines or penalties, and pursuit of all post-judgment remedies available by law.
(9) To request an individual, agency or firm selected or appointed by the Village Manager to tow and impound vehicles in accordance with Section 412.11 of this Chapter.
(c) Hearing Officer. The President, with the advice and consent of the Board of Trustees, shall appoint one or more qualified Hearing Officers to conduct the adjudicatory hearings ("hearings") provided for under this Chapter and to otherwise perform the functions of a Hearing Officer as set forth below.
(1) Qualifications. To qualify as a Hearing Officer, an individual must:
A. Be an attorney licensed to practice law in the State of Illinois for at least three years;
B. Be in good standing with the Illinois Supreme Court Attorney and Disciplinary Commission; and
C. Have successfully completed a formal training program consisting of:
1. Instruction on the rules of procedure of the administrative hearings which he/she will conduct;
2. Orientation to each subject area of the code violations that he/she will adjudicate;
3. Observation of administrative hearings; and
4. Participation in hypothetical hearings, including on evidence and issuing final orders.
(2) Authority and Powers. A Hearing Officer shall have all of the powers necessary to conduct fair and impartial hearings as granted in 65 ILCS 5/1-2.1-4(b), and as amended from time to time, and including:
A. Holding conferences for the settlement or simplification of the issues;
B. Presiding over the administrative hearings, as established herein, as the adjudicator;
C. Administering oaths and affirmations;
D. Hearing testimony and accepting evidence that is relevant to the existence of the code violation;
E. Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing and the production of relevant documents, upon the request of the parties or their representatives;
F. Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
G. Issuing final determinations, based on the evidence presented at the hearing, of vehicular standing, parking, compliance regulation, and automated traffic law violation(s) liability. The determination shall be in writing and shall include a written finding of fact, decision and order including the fine, penalty, or action with which the defendant must comply;
H. Imposing fines and penalties for the violation of vehicular standing, parking or compliance regulations and automated traffic law violations, as set forth in Section 412.99 of this Chapter;
I. Determining the validity of notice of impending impoundment;
J. Determining the validity of notice of impending driver's license suspension in accordance with Section 412.10 of this Chapter; and
K. Providing for the accurate recordation of administrative adjudication hearings.
(d) System Coordinator/Computer Operator. The System Coordinator/Computer Operator is hereby authorized and directed to operate and maintain the computer program(s) for the administrative adjudication system herein established, on a day to day basis, including, but not limited to:
(1) Input of violation notice information;
(2) Hearing dates and notice dates;
(3) Fine and penalty assessments and payment(s);
(4) Issue payment receipts;
(5) Issue succeeding notices of hearing dates, final determination of liability, notice of impending impoundment, and notice of impending driver's license suspension, as directed by the Traffic Compliance Administrator in accordance with this Chapter.
(6) Keep accurate records of appearances and nonappearances of administrative hearings, pleas entered, and fines and penalties assessed and paid.
(e) Hearing room personnel. Hearing room personnel are limited to off-duty, full-time, part-time or auxiliary police officers. Hearing room personnel are hereby authorized and directed to:
(1) Maintain hearing room decorum;
(2) Have and execute authority as is granted to courtroom deputies of the Circuit Court of Cook County;
(3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or the Traffic Compliance Administrator.
(f) The Police Chief is hereby authorized to appoint the System Coordinator/Computer Operator and hearing room personnel. One person may hold and fulfill the requirements of one or more of the above stated positions except that of Hearing Officer.
(g) Compensation to be paid for each of the above stated positions shall be as determined by the Village President and approved by the Village Board.
(Ord. 833. Passed 8-22-94; Ord. 1651. Passed 10-9-17.)