Terms Used In Illinois Compiled Statutes 65 ILCS 5/1-2.2-35

  • Code: means any municipal ordinance except for (i) building code violations that must be adjudicated pursuant to Division 31. See Illinois Compiled Statutes 65 ILCS 5/1-2.2-5
  • 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.
  • Hearing officer: means a municipal employee or an officer or agent of a municipality, other than a law enforcement officer, whose duty it is to:
         (1) preside at an administrative hearing called to determine whether or not a code violation exists;
         (2) hear testimony and accept evidence from all interested parties relevant to the existence of a code violation;
         (3) preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and
         (4) issue and sign a written finding, decision, and order stating whether a code violation exists. See Illinois Compiled Statutes 65 ILCS 5/1-2.2-5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
     At the hearing a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or non-existence of a code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this Division.