(a) An ordinance establishing a system of administrative adjudication, pursuant to this Division, shall provide for a code hearing unit within an existing agency or as a separate agency in the county government. The ordinance shall establish the jurisdiction of a code hearing unit that is consistent with this Division. The “jurisdiction” of a code hearing unit refers to the particular code violations that it may adjudicate.
     (b) Adjudicatory hearings shall be presided over by hearing officers. The powers and duties of a hearing officer shall include:

Terms Used In Illinois Compiled Statutes 55 ILCS 5/5-43020

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Participating unit of local government: means a unit of local government which has entered into an intergovernmental agreement or contract with a county for the administrative adjudication of violations of its ordinances by the county pursuant to this Division. See Illinois Compiled Statutes 55 ILCS 5/5-43010
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • System of administrative adjudication: means the adjudication of any violation of a county ordinance or of a participating unit of local government's ordinance, except for (i) proceedings not within the statutory or the home rule authority of counties or a participating unit of local government; and (ii) any offense under the Illinois Vehicle Code (or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under § 6-204 of the Illinois Vehicle Code). See Illinois Compiled Statutes 55 ILCS 5/5-43010
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Unit of local government: has the meaning as defined in the Illinois Constitution of 1970 and also includes a not-for-profit corporation organized for the purpose of conducting public business including, but not limited to, the Northeast Illinois Regional Commuter Railroad Corporation. See Illinois Compiled Statutes 55 ILCS 5/5-43010

         (1) hearing testimony and accepting evidence that is
    
relevant to the existence of the code violation;
        (2) issuing subpoenas directing witnesses to appear
    
and give relevant testimony at the hearing, upon the request of the parties or their representatives;
        (3) preserving and authenticating the record of the
    
hearing and all exhibits and evidence introduced at the hearing;
        (4) issuing a determination, based on the evidence
    
presented at the hearing, of whether a code violation exists, which 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; and
        (5) imposing penalties consistent with applicable
    
code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to: (i) impose a penalty of incarceration; or (ii) impose a fine in excess of $50,000, or at the option of the county for a fine imposed for a violation of a county ordinance or at the option of a participating unit of local government for a fine imposed for violation of an ordinance of the participating unit of local government, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the county is located. The maximum monetary fine under this item (5), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the county’s ordinances or participating unit of local government’s ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the county or participating unit of local government.
    (c) Prior to conducting administrative adjudication proceedings, administrative hearing officers shall have successfully completed a formal training program that includes the following:
         (1) instruction on the rules of procedure of the
    
administrative hearings that they will conduct;
        (2) orientation to each subject area of the code
    
violations that they will adjudicate;
        (3) observation of administrative hearings; and
         (4) participation in hypothetical cases, including
    
ruling on evidence and issuing final orders.
    In addition, every administrative hearing officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years.
     (d) A proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the county or participating unit of local government.
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