§ 2-1306. Administrative adjudication composition.

The Administrative Adjudication System shall provide for one or more hearing officers, a Code Hearing Unit, a Traffic Compliance Administrator and a Village Prosecutor all with the power, authority, and limitations as set forth in this article.

(1)

Hearing officer.

a.

Appointment. The Village Manager shall appoint one or more qualified hearing officers ("hearing officer") to perform the functions set forth in this section.

b.

Independent contractor. A hearing officer shall be contracted as an independent contractor of the village and shall not be considered an employee of the village. A hearing officer may be removed, with or without cause, by the Village Manager.

c.

Qualifications. To qualify as a hearing officer, an individual must:

1.

Be an attorney licensed to practice law in the State for at least three years;

2.

Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission;

3.

Complete a formal training program approved by the Village Manager consisting of:

(i)

Instruction on the rules of procedure for administrative hearings;

(ii)

Orientation to each subject area of this Code that will be adjudicated;

(iii)

Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and

(iv)

Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.

d.

Compensation. Authorization for compensation for a hearing officer shall be made by the President and Board of Trustees through the village's annual budget process. Compensation shall be determined by the Village Manager within approved budget limitations.

e.

Authority and powers. A hearing officer shall have all powers necessary to conduct fair and impartial hearings, including, but not limited to, the power to:

1.

Hold conferences for the settlement or simplification of the issues;

2.

Administer oaths and affirmations;

3.

Hear testimony and accept evidence that is relevant to the allegation of a violation;

4.

Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;

5.

Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;

6.

Issue a determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The hearing officer's determination shall be in writing and shall include a written finding of fact, decision, and order, including the fine, penalty, or other action with which the defendant must comply;

7.

Impose monetary fines consistent with this article and applicable Code provisions, however, that in no event shall a hearing officer have the authority to:

(i)

Impose a penalty of incarceration; or

(ii)

Impose a fine in excess of $50,000.00;

8.

Order a defendant to obtain a compliance bond;

9.

Require a defendant to take corrective action to cure a violation;

10.

Assess costs as provided for in this article, when the defendant has been found liable, or availed themselves of a deferred prosecution as part of a settlement;

11.

Impose a term of community service in addition to or in lieu of any applicable fine; and

12.

Impose, if applicable, a late penalty pursuant to article.

(2)

Code hearing unit.

a.

Appointment. The Village Manager shall establish a Code Hearing Unit ("Code Hearing Unit") and appoint the necessary personnel to perform the functions set forth in this article.

b.

Authority. The Code Hearing Unit is authorized, empowered, and directed to:

1.

Recommend rules and regulations reasonably required to manage the Administrative Adjudication System;

2.

Adopt, distribute, and process all notices as may be required under this article, or as may reasonably be required to carry out the purpose of this article;

3.

Collect payments made as a result of fines, costs, and/or penalties assessed after a final determination of liability;

4.

Certify copies of final determinations of violations adjudicated pursuant to this article, and any factual reports verifying the final determination of any liability that was issued in accordance with this article or the laws of the State, as from time to time amended; and

5.

Keep accurate records of appearances and non-appearances at hearings, pleas entered, fines, costs, and penalties assessed and paid.

(3)

Traffic Compliance Administrator. The Village Manager shall appoint one or more Village Traffic Compliance Administrators ("Village Traffic Compliance Administrator") who are authorized to:

a.

Operate and manage the system of administrative adjudication of vehicular standing, parking and compliance violations;

b.

Adopt, distribute and process standing, parking and compliance violation notices, collect money paid as fines and penalties for violations of standing, parking and compliance ordinances;

c.

Establish procedures necessary for the prompt, fair and efficient operation of the traffic Administrative Adjudication System;

d.

Certify copies of the final determinations of violations liability and factual reports, verifying that the final determination of violating liability was issued in accordance with this article and 625 ILCS 5/11-208.3;

e.

Certify reports to the Secretary of State concerning initiation of suspension of driver's licenses in accordance with the provisions of this article and 625 ILCS 5/6-306.5; and

f.

Promulgate rules and regulations pertaining to the hearing process, the content of forms and procedures, and the daily operation of the administrative adjudication of standing, parking and compliance violations program.

(4)

Village Prosecutor.

a.

The Corporation Counsel, or any assistant corporation counsel, or any other attorney duly appointed by the Village Manager shall act as the Village Prosecutor ("Village Prosecutor") and may represent the village at hearings and in all matters related to Administrative Adjudication System.

b.

The Village Prosecutor shall be authorized to prepare and prosecute all violations before the hearing officer.

c.

The Village Prosecutor, in the Village Prosecutor's discretion may:

1.

Enter into settlement agreements on behalf of the village in matters before the hearing officer, including the discretion to reduce court costs by half for those defendants participating in deferred prosecution;

2.

Dismiss violations and any other matter before the hearing officer;

3.

Seek all available legal remedies;

4.

Enforce judgments; and

5.

Perform any other function reasonably related to the Administrative Adjudication System.

(Code 1993, § 2-24.5; Ord. No. 2017-O-77, 12-12-2017)