1 TCC 6-14 Administrative Hearings

1 TCC 6-14 Administrative Hearings

a. Any administrative proceeding conducted by the office of administrative adjudication shall afford the parties an opportunity for a hearing before an administrative law officer.

b. An attorney who appears on behalf of any person shall file with the Hearing Officer a written appearance on a form provided by the Code Hearing Unit for that purpose.

c. In no event shall the case for the County be presented by an employee of the Code Hearing Unit; provided, however, that documentary evidence, including the notice of violation, which has been prepared by another department or office of the County, may be presented at the hearing by the Hearing Officer.

d. The Hearing Officer may grant continuances only upon a finding of good cause.

e. All testimony shall be given under oath or affirmation.

f. The Hearing Officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and production of relevant documents. Issuance of subpoenas shall be subject to the restrictions contained in this chapter.

g. Subject to this Section, the Hearing Officer may permit witnesses to submit their testimony by affidavit or by telephone. A respondent may elect to contest an alleged violation through an adjudication by mail rather than at an administrative hearing. The respondent may use forms provided by the Code Hearing Unit or simply write a letter with any evidence respondent may have to contest the alleged violation. The respondent must sign respondent’s correspondence.

h. The formal and technical rules of evidence shall not apply to the conduct of the hearing. 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.

i. No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a violation notice, or a copy thereof, issued and signed in accordance with 55 ILCS 5/5-41035 (or succeeding State law) shall be prima facie evidence of the correctness of the facts contained therein.

j. Upon timely request of any party to a proceeding, any person, who the Hearing Officer determines may reasonably be expected to provide testimony which is material and which does not constitute a needless presentation of cumulative evidence, shall be made available for cross-examination prior to a final determination of liability.

k. The record of all hearings before a Hearing Officer shall include:

1. All documents presented at the Hearing;
2. A copy of the notice of the violation or notice of the hearing; and
3. A copy of the findings and decisions of the Hearing Officer

l. The record of a hearing before a Hearing Officer may include a record of the testimony presented at the hearing, which may be by means of a tape recording, transcription or other appropriate means.

1. The Code Hearing Unit shall not provide recording services or equipment.
2. Any party desiring to record the testimony presented at the hearing shall provide its own court reporter, transcriber, or recorder at that party’s own expense regardless of the outcome of the hearing.
3. The Hearing Officer may reasonably limit where the court reporter, transcriber, or recorder may be placed in the hearing room. If the party or the court reporter, transcriber, or recorder is unwilling to follow reasonable limitations then the Hearing Officer may remove court reporter, transcriber, or recorder.

m. Upon conclusion of a hearing, the Hearing Officer shall issue a final determination of liability or no liability. Upon issuing a final determination of liability the Hearing Officer may:

1. Impose penalties and/or fines that are consistent with applicable provisions of the County Code;
2. Issue orders that are consistent with applicable provisions of the County Code, including, but not limited to, orders to cure any continuing violations of the Tazewell County Code; and
3. Assess costs reasonably related to instituting the hearing.

n. In the issuance of a final determination of liability, a Hearing Officer shall inform the respondent of respondent’s right to seek judicial review of the final determination.

o. Default

1. If at the time set for a hearing the recipient of a notice of violation or a notice of hearing, or the recipient’s attorney of record, fails to appear, the Hearing Officer may find the recipient in default and proceed with the hearing and accept evidence relevant to the existence of a code violation and conclude with a finding, decision, and order. A copy of the order of default shall be served in any manner permitted under this Chapter.
2. Within 21 calendar days from the issuance of an order of default, a recipient of a notice of violation or a notice of hearing who has been found to be in default may petition the Hearing Officer to set aside the determination and set a new hearing date on the basis that the failure to appear at the hearing was for good cause. If the petition is granted, the Hearing Officer shall serve notice of the new hearing date upon the petitioner in any manner permitted by this Chapter no less than seven calendar days prior to the hearing date.