(A) General regulations.
(1) Creation and amendment of regulations. Until amended by the Director of the Code Hearing Unit, the following shall be the regulations applicable to administrative hearings.
(2) Scope of regulations. The regulations shall apply to the conduct of all cases before the Code Hearing Unit.
(3) Supremacy of ordinances. Nothing in these regulations shall act to override, restrict, or relax the procedural requirements or provisions of the applicable provisions of the County Code. In the event of a conflict between provisions of these regulations and the County Code, the County Code shall take precedence.
(4) Effective date. These rules shall be in full force and effect commencing May 30, 2002.
(B) Decorum. Administrative hearings shall be conducted with proper decorum at all times. A Hearing Officer is expected to conduct the Officer’s room, call, and proceedings in a timely, orderly, and professional manner. A Hearing Officer may order the temporary removal of any individual who is causing or contributing to a disruption of the call or proceedings.
(C) Record of proceedings. All proceedings may be recorded by audio tape or by other approved means from start to finish. Respondents may, at their own cost, provide a certified or licensed court reporter to record proceedings. Video or audio recording not authorized by the Hearing Officer is prohibited.
(D) Cameras and other non-authorized audio-visual recording or broadcasting devices. The County hereby adopts and incorporates the order of the State Supreme Court In re Photographing, Broadcasting, and Televising Proceedings in the Courts of Illinois (MR No. 2634). Pursuant to said order, the photographing, broadcasting or televising of proceedings, other than those in the appellate and supreme courts, is prohibited. Therefore, the photographing, broadcasting, or televising of proceedings before a Hearing Officer are prohibited.
(E) Introducing and opening remarks. A Hearing Officer should begin the Officer’s call by introducing himself or herself to the litigants and other attendants. Opening remarks should include informing the citizens as to the nature and manner of the proceedings. Opening remarks may include information about the order that cases will be called, the need to maintain proper decorum, continuances, acceptable and unacceptable defenses, the availability of pre-trial conferences and the range of potential fines.
(F) Management of the case call. Cases should be called in the following order to achieve a timely and efficient management of the call:
(1) Pre-tried dismissals or settlements. Matters pre-tried prior to the call which result in dismissal or settlement of the case shall be called and placed into the record.
(2) Cases with attorneys. Cases, not pre-tried or settled, in which an attorney has filed a written appearance shall be called. The Hearing Officer should note in the Officer’s opening remarks that attorneys are not given preferential treatment, but as officers of the court their presence may be required before other judges in other courthouses.
(3) Regular call. Respondents seeking a full hearing shall be called and the hearing commenced.
(4) Additional pre-tried dismissals or settlements. Matters pre-tried during the call which result in dismissal or settlement of the case shall be called and placed into the record.
(5) Motion to set-aside defaults. Respondents moving to set aside the default order shall be called and a hearing on the motion commended. The Hearing Officer shall first determine whether the motion is timely and whether the Officer has jurisdiction to entertain the motion. If timely, the Hearing Officer shall determine the merits of the motion. If the motion is granted, the Hearing Officer should proceed with a hearing on the case.
(6) Defaults. Cases in which no respondent has appeared shall be called. The Hearing Officer shall proceed with a hearing and enter an order on the record.
(G) Discovery. Discovery in proceedings before the Code Hearing Unit shall be governed by State Supreme Court Rule 201(h). Accordingly, no discovery procedure shall be used in proceedings before the Code Hearing Unit except by leave of a Hearing Officer.
(H) Subpoenas of witnesses and documents. Subpoenas in proceedings before the Code Hearing Unit may only be issued by a Hearing Officer, unless otherwise provided by ordinance particular to the violation in question.
(I) Rules of procedure and evidence. The formal and technical rules of civil and criminal procedure and evidence shall not apply in the conduct of administrative hearings. Evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(J) Standard of proof. No violation may be established except upon proof by a preponderance of the evidence.
(K) Representation and appearance. Parties may represent themselves or may be represented by an attorney or authorized representative. Any and all counsel or other persons appearing on behalf of a respondent in proceedings before a Hearing Officer must file a written and signed appearance on the first occasion before the Hearing Officer. Proceedings, as defined in this section, includes any and all requests for a continuance, hearing, or hearing to vacate a default judgement.
(L) Continuances. In general, continuances are not looked upon with favor and shall only be granted where absolutely necessary for good cause shown. Lack of preparation shall not be grounds for a continuance.
(M) Defaults. If a respondent or respondent’s representative fails to appear for a properly noticed hearing, the Hearing Officer may find the respondent in default and proceed with the hearing.
(N) Motion to vacate a default. A respondent must file a written motion to vacate the default order within 21 days after the issuance of the default order. The movant must also be prepared to proceed with an immediate hearing if the motion is granted. The Code Hearing Unit shall not have jurisdiction to vacate a default order after 21 days from the issuance of the default order. However, lack of personal jurisdiction may be raised at any time. ISSUANCE OF THE DEFAULT ORDER, as used in this rule, shall be the date that the default order was deposited in the U.S. mail.
(O) Dismissal for want of prosecution. If the Hearing Officer determines that the petitioner has not afforded proper notice, then the case shall be continued on the call to afford the petitioner an opportunity to resend notice. If at the continued date the petitioner has not afforded proper notice, the Hearing Officer shall dismiss the matter for want of prosecution. Said first dismissal shall be without prejudice.
(P) Pre-hearing motions. Pre-hearing motions should be limited to motions for leave to request discovery, subpoenas, continuances, or vacation of prior default under divisions (H), (I), (L), and (N) above. In matters where discovery is allowed by the Hearing Officer, discovery related motions may also be allowed.
(Q) Pre-hearing settlements conferences. A party and the issuing County Department, through its representative or legal counsel, may enter into a settlement or stipulation of the issues or case and present the same to the Hearing Officer when the matter is called.
(R) Hearings.
(1) Notice. A Hearing Officer will first determine whether the petitioner has afforded proper notice to the respondent. If notice is improper, the matter will be returned to the petitioner for re-notice or refiling.
(2) Presentation of the county’s case. The county bears the responsibility for presenting its case. In general the case may be presented via a county representative (including non-lawyers), live sworn testimony, sworn signed prima facie documentation, or all of these.
(3) Respondent’s plea. In the event that the county has met its initial burdens of notice and evidence of its claim or of a violation, the respondent or the respondent’s representative shall be asked to enter a plea of “admit-liable” or “deny-not liable”.
(4) Presentation of the respondent’s case and defense. The defenses available to the respondent and the manner in which they may be presented are governed by the ordinance particular to the subject matter or violation in question. In general, evidence may be presented via live sworn testimony, admissible documents, admissible exhibits, or other admissible evidence.
(5) Questions by the Hearing Officer. The Hearing Officer may ask questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and record.
(6) Constitutional challenges. The Code Hearing Unit is not empowered to pass upon the constitutionality of a statute, ordinance, rule, regulation, or other legislative or administrative action. (See Yellow Cab Co. v. City of Chicago, 938 F. Supp. 500 (1996).) Parties may, however, make an objection, without argument, to the constitutionality of a statute, ordinance, rule, regulation, or other legislative or administrative action for the record.
(7) Closing arguments. Each party may be afforded an opportunity to make closing arguments.
(8) Ruling. At the conclusion of the hearing, the Hearing Officer shall make a determination on basis of the evidence presented at the hearing as to whether a violation exists or does not exist. The determination shall be recorded in the form of a written order. The manner and content of the order are governed by the ordinance particular to the subject matter or violation in question. The manner of serving a copy of the order on the parties is also governed by the ordinance particular to the subject matter or violation in question.
(S) Interpreters. The respondent is responsible for supplying respondent’s own interpreter to provide assistance during the hearing process. Interpreters shall be sworn-in and shall swear that the interpreter shall provide an accurate translation of the proceedings.
(T) Reviewing or copying of public records. The public records and public case files maintained by the Code Hearing Unit may be reviewed during normal business hours (Monday through Friday, 8:30 a.m. to 4:30 p.m.) in the County Board Office. No records or file items may be removed form the premises absent court order. The Code Hearing Unit reserves the right to require that requests be made in writing and that extensive or multiple requests be made by appointment. Copies of public records and public files may be requested through the Freedom of Information Act, being 5 ILCS 140/1 et seq. The Code Hearing Unit reserves the right to require that requests be made in writing. Fees for processing requests shall be as follows: $0.20 per side of a page and $1 per certified order or other certified documents.
(Prior Code, 1 TCC 6-25)