§ 34.04 DIRECTOR AND HEARING OFFICERS; APPOINTMENT.

   The Chairperson of the County Board, with the advice and consent of the County Board, shall appoint a Director and one or more Hearing Officers for the purpose in this section. A Hearing Officer may not be a Code Enforcement Officer or other law enforcement officer. The Director of the Code Hearing Unit shall have the power to create and amend regulations for the fair and efficient conduct of administrative hearings pursuant to this chapter.

(Prior Code, 1 TCC 6-4)

§ 34.05 ORDER AND OTHER PLEADING FORMS.

   The Director of the Code Hearing Unit shall have the authority to create and require the use of preprinted order and related pleading forms in the hearing process.

(Prior Code, 1 TCC 6-5)

§ 34.06 HEARING OFFICERS; POWERS AND DUTIES.

   Hearing Officers shall have the following powers:

   (A)   All powers authorized by state statute (see e.g., 55 ILCS 5/5-41005 to 5/5-41060) including, but not limited to, the following:

      (1)   Preside at administrative hearings called to determine whether a code violation exists;

      (2)   Hear testimony and accept evidence from the Code Enforcement Officer, the respondent, and all interested parties relevant to the existence of a code violation;

      (3)   Preserve and authenticate the record of the hearing and all the exhibits and evidence introduced at the hearing;

      (4)   Issue and sign written findings and a decision and order stating whether a code violation exists; and

      (5)   Impose penalties consistent with applicable code provisions and to assess costs reasonably related to instituting the proceedings upon finding the respondent liable for the charged violation. In no event, however, shall the Hearing Officer have the authority to impose a penalty of incarceration.

   (B)   Hold conferences for the settlement or simplification of issues;

   (C)   Administer oaths and affirmations;

   (D)   Rule upon motions, objections, and the admissibility of evidence;

   (E)   Subject to the provisions of this chapter, subpoena relevant witnesses and the production of relevant documents, records, or other information; and

   (F)   Exercise all powers and duties necessary and proper to the administration of fair hearings.

(Prior Code, 1 TCC 6-6)

§ 34.07 HEARING OFFICERS; TRAINING REQUIREMENTS.

   Prior to conducting an administrative adjudication proceeding, a Hearing Officer may be required to complete a training program approved by the Executive Committee, which may include the following:

   (A)   Instruction on the county regulations for the conduct of administrative hearings;

   (B)   Orientation to each subject area of the code violations which the Hearing Officer will adjudicate;

   (C)   Observation of the county or another unit of local government’s administrative hearings; and

   (D)   Participation in hypothetical cases, including ruling on evidence and issuing final orders.

(Prior Code, 1 TCC 6-7)

§ 34.08 RULES AND REGULATIONS; AVAILABLE FOR PUBLIC INSPECTION.

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

(Prior Code, 1 TCC 6-8)

ADMINISTRATION

§ 34.20 INITIATING ADMINISTRATIVE ADJUDICATION PROCEEDINGS.

   Code Enforcement Officers of the county may initiate administrative adjudication proceedings with the Code Hearing Unit by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the Code Hearing Unit.

(Prior Code, 1 TCC 6-9)

§ 34.21 SUBPOENAS.

   (A)   A Hearing Officer may issue a subpoena only if the Hearing Officer determines that the testimony of the witnesses or the documents or items sought by the subpoena are necessary to present evidence that is:

      (1)   Relevant to the case; and

      (2)   Relates to a contested issue in the case.

   (B)   A subpoena issued under this chapter shall identify:

      (1)   The person to whom it is directed;

      (2)   The documents or other items sought by the subpoena, if any;

      (3)   The date for appearance of the witnesses and the production of the documents or other items described in the subpoena;

      (4)   The time for the appearance of the witnesses and the production of the documents or other items described in the subpoena; and

      (5)   The place for the appearance of the witnesses and the production of the documents or other items described in the subpoena.

   (C)   In no event shall the date identified for the appearance of the witnesses or the production of the documents or other items be less than seven days after the service of the subpoena.

(55 ILCS 5/5-41025(a)) (Prior Code, 1 TCC 6-10)

§ 34.22 ELECTION OF REMEDIES.

   In no case may the Code Hearing Unit conduct an administrative adjudication proceeding for an alleged violation of the County Code where the requested remedy is a punishment of imprisonment. Nothing in this chapter, however, shall preclude the county from seeking the remedy of imprisonment in a court of law, including imprisonment for failure to comply with the order of a Hearing Officer.

(Prior Code, 1 TCC 6-11)