Bill Text: IL HB0410 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Administrative Adjudications Division of the Illinois Municipal Code. Provides that a person who has served as a judge in Illinois is not required to complete specified formal training requirements in order to be an administrative hearing officer. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0065 [HB0410 Detail]

Download: Illinois-2021-HB0410-Chaptered.html

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Public Act 102-0065
HB0410 Enrolled LRB102 02728 AWJ 12731 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 1-2.1-4 as follows:
(65 ILCS 5/1-2.1-4)
Sec. 1-2.1-4. Code hearing units; powers of hearing
officers.
(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 municipal 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:
(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. The determination 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
municipality, 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
municipality 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
municipality's ordinances and shall not be applicable to
cases to enforce the collection of any tax imposed and
collected by the municipality.

(c) Prior to conducting administrative adjudication
proceedings, administrative hearing officers shall have
successfully completed a formal training program which
includes the following:
(1) instruction on the rules of procedure of the
administrative hearings which 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. A person who has served as a judge in
Illinois is not required to fulfill the requirements of items
(1) through (4) of this subsection.
(d) A proceeding before a code hearing unit shall be
instituted upon the filing of a written pleading by an
authorized official of the municipality.
(Source: P.A. 90-516, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.