Local Government Administrative Hearings: What Are They, How Do They Operate, and Does Your Community Have Such a Process?
What Is an Administrative Hearing, Where and By Whom are the Hearings Conducted, and What Kinds of Matters Are Brought Before the Presiding Official?
Cities, towns, and villages throughout Illinois have authority, by statute, to conduct local administrative hearings to adjudicate local municipal code violations. 65 ILCS 5/2-12.1. These hearings, which are civil and not criminal in nature, are conducted at the local city, town, or village hall before an appointed independent administrative hearing officer, sometimes identified as an administrative law judge (ALJ) as opposed to taking place before a circuit court judge at the county courthouse. Each municipality has its own set of procedures as implemented by its city council or board of trustees. The violations heard by the ALJ can include building code violations, parking tickets, and certain other misdemeanor offenses such as littering, trespass, noise disturbances, curfew, retail theft, drinking or having open alcohol in public, or smoking or possessing marijuana in public. Tickets can also be issued for non-moving motor vehicle violations such as broken safety equipment or missing or expired license plates. Generally, all types of misconduct that can be adjudicated by an ALJ are identified in the local ordinances or city, village, or township codes.
Citations are also issued for violations involving animals which include the failure of the owner to obtain the required licenses and shots, having the animal be off leash or let loose in public, or more serious situations such as when an animal attacks a person or another animal. Administrative hearings are also conducted to enforce red-light traffic violations identified through red-light cameras that have been installed after their need for monitoring motor vehicles is established through a traffic safety study. If a vehicle has been towed when parked or seized during a traffic stop, a hearing can be requested before an administrative hearing officer to contest the tow and any administrative fee that may have been charged.
How Is the Stage Set for the Hearing to Take Place & the Ticketed Party to Appear?
The process starts by the issuance of a notice of violation citation. That notice, for example, if it is a parking ticket, is served by an officer of the municipality leaving it on the vehicle. The car owner is the responsible party and can either pay the ticket (also known as a ‘fine’) or request a hearing. Some municipalities allow a hearing on a parking ticket by mail or online. There is usually a time period by which that choice must be made before a late fee is added to the fine. If there is no response by the person to whom notice was provided, the municipality then issues a second notice to the registered owner of the car and may set the matter for a hearing. At that stage, failure to attend the pre-set hearing or respond to a notice will result in a judgment being entered. Red-light camera violations are handled in a similar manner in that the notice is mailed to the registered owner of the vehicle. Hearings that are requested for red-light camera violations can be conducted in person or by mail. 625 ILCS 5/11-208.6. The ‘set’ fine amounts are established by local ordinance. If the fine designated in the ticket is not paid within the time provided, or the owner does not request a hearing, late fees will be added to the charge.
In the case of other code violations, the citation will either be personally served on the responsible party or be mailed to that individual at his or her street address. The notice will either have a set fine amount and a hearing date or have a ‘must appear’ hearing date without a fine. If the fine is paid before the hearing date, the responsible party need not appear. Otherwise, that party must appear at the hearing. The local municipality generally does not report the outcome of the matter to the circuit court or the Secretary of State. Consequently, if a fine is imposed and paid, or the party served with a violation is found liable of the charge, that person’s driving record is not affected.
In 2018, amendments were made to the Juvenile Court Act which now apply to ordinance citations issued to minors under the age of 18. Proceedings against minors are held in closed hearings and the records are kept confidential. Except in the case of a serious felony offense, the records are required to be expunged after the respondent turns 18 years of age. Many municipalities have also adopted and offer or conduct restorative justice practices for juvenile offenders. That practice generally includes, as an option to incarceration, several hours of community service in lieu of a fine and could include counseling or other social services.
What Process Can Be Expected in an Administrative Hearing for Those Who Plead ‘Not Liable’ for the Offense Charged and What Outcomes or Orders Might Be Imposed?
At the hearing, just as in a county court hearing, all the witnesses who will testify are sworn in under oath to tell the truth. The hearings are recorded to preserve the administrative record. The hearing officer will ask the responsible party, called the respondent, if he, she, or the business entity is pleading liable or not liable to the charges. If the respondent admits to the offense as charged and pleads liable, a fine will be set, costs, if authorized, will be added, and the hearing officer will enter an appropriate order as provided for in the local code to assure compliance with the code, such as a requirement that the defendant fix the property to bring it into compliance with the applicable municipal code. In the case of a dangerous animal, the order may compel restitution to the injured party, animal training, and, in rare cases such as those where an individual has been seriously injured by the animal, a requirement that the animal be put down. If an order of compliance is entered, the case will be continued to a future hearing date when it can be determined whether the party has complied with the dictates of the order issued by the hearing officer. Fines are set by local ordinance and can be up to $750 per violation. Each day may also be a separate violation for which additional fines can be assessed.
The Municipality’s Burden of Proof in the Hearing
As the complainant, the municipality has the burden of proof and must prove its case by a ‘preponderance of the evidence’, meaning that the findings are more likely true than not. If the matter proceeds to a hearing, the sworn citation signed and attested to by the officer or employee who issued the citation or complaint, will be read into the record. That will serve as the municipality’s evidence that the facts contained within the complaint are true. Except for building code violations, the officer who issued the citation is not present. If the building code officer who issued the citation is present, he or she will testify to the violation and the status of any compliance. That evidence will serve as the municipality’s ‘prima face’ evidence. The respondent then has the right and opportunity to rebut that evidence. It is important to understand that mistakes such as not seeing a sign or not knowing the law is not a proper defense to the charge.
The Role of Evidence, the Order Issued, & Appeals
Because of the nature of the hearings, the formal and technical rules of evidence do not apply. However, evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. All evidence must be relevant to the issues. The hearing officer is the sole judge of relevancy and will rule on any objections to evidence. After all the evidence is heard, which evidence may include witness testimony, and any documents that are admitted, the hearing officer makes a factual determination as to whether a violation occurred. If he or she finds that the violation did not occur, an order will be entered with a finding of not liable. If the hearing officer finds a violation did occur, an order will be entered with a finding of ‘liable’ and a fine will be set, costs, if authorized, added, and appropriate findings or requirements imposed upon the respondent pursuant to the local code to assure compliance, will be included.
Appeals of any local order can be made to the circuit court by filing an appeal under the Administrative Review Act within 35 days of issuance of the order. The respondent, however, is responsible for the cost of the appeal which may be larger than the fine. Those costs would only be refunded if the appeal is successful, meaning that the hearing officer’s order has been overturned. Once a fine or order of compliance is entered, it becomes a judgment against the respondent. If not paid, subsequent late charges can be added. In the event an appeal is not filed, the municipality can move to enforce the judgment in the circuit court by seeking compliance or by recording the judgment against the respondent, or through placing a lien on the property involved, and may also use other collection methods to recover its fines.
NOW YOU ARE PREPARED IF A TICKET IS SERVED ON YOU BY YOUR MUNICIPALITY!
Attorney Jeffrey D. Greenspan is a solo-practitioner with a law firm in the northern suburbs of Chicago. He has over 40 years of experience in representing local government entities and practices law in the areas of real estate and eminent domain. Mr. Greenspan also serves as an administrative hearing officer for three suburban municipalities.