   |
|
|
||||||||||||||||||||||
|
The City of Des Plaines Division of Administrative Hearings began operations on June 6, 2002. Phone: 847-391-5303 Hours are 8:30 am - 5:00 pm. Under the Administrative Hearings Division, a city department will issue a ticket, complaint or notice of violation, citing a violation of a City of Des Plaines Municipal Ordinance. Cases are heard by an Administrative Hearing Officer. Speeding tickets and other "Moving" violations are heard in the Circuit Court of Cook County at 5600 Old Orchard Blvd. Skokie, IL 60076. An Administrative Hearing is a civil hearing. Cases filed in the Division may result in the imposition of fines, costs, liens, or orders to clean or repair demolish property. In an administrative hearing, the burden of proof required to prove a violation of a city ordinance is by a preponderance of evidence. This means that it is more likely than not the violation occurred. It differs from a criminal proceeding in which the burden of proof required to prove guilt is beyond a reasonable doubt. Administrative Hearing OfficerAn outside attorney has been appointed as Administrative Hearing Officers to preside over all cases, just as a judge would in a courtroom. He is not a City employee and receives no employee benefits from the City. He is hired and compensated on a per-session basis and is required by law to remain completely neutral. The Administrative Hearing Officer is required to undergo specific training in the areas of Municipal Administrative Hearings, and also the City Codes which they will be enforcing.Types of CasesThe Division hears, or will hear, the following types of cases:
ProcedureA City Inspector, Parking Enforcement Officer, Investigator or Police Officer may issue a ticket, citation, notice of violation, or file a complaint against a respondent. A respondent who receives a ticket, citation, or notice of violation ordering him or her to appear at a Hearing before the Division of Administrative Hearings, the person and his or her representative must come to the Des Plaines Civic Center, City Council Chambers on the date and time specified. Respondent should appear on the date and time set for the Hearing and be prepared to proceed with the Hearing. Respondent should bring any witnesses and any documents intended to be used at the Hearing. A respondent who fails to appear at a scheduled Hearing is in default. The Administrative Hearing Officer will conduct the Hearing without an appearance by a dependent, and a Judgment may be entered. If a respondent misses the Hearing, the defendant has 30 days to request a new Hearing by filing a "Motion to Set Aside Judgment". A continuance is not allowed unless the Hearing Officer finds good cause for the continuance, such as illness or other unforeseen circumstances. Requests for a continuance should be made in writing to the Administrative Hearings Division prior to the Hearing Date. Attending a Scheduled HearingTo attend a scheduled Hearing, follow the information on your ticket, citation, complaint, or notice regarding date, time, address and room number. Inside the Hearing Room the Hearing Clerk will have a list of Hearings scheduled for that day. All Hearings start promptly at the time indicated on the Notice; therefore, you should arrive at the Hearing Room a few minutes early so you can check in before the Hearing begins. Once you enter the Hearing Room, and check in, please be seated until your case is called. The HearingThe Administrative Hearing Officer will make an opening statement identifying himself, his role, expectations of the Hearing and the order in which the cases will be called. When your case is called, you should answer "here" or "present" and step up to the podium marked "Defendant" in front of the bench where the Hearing Officer sits. The Hearing will begin and both sides are given the opportunity to present their cases with testimony and evidence. All live testimony is given under oath and recorded by audio and video tape.The ticket, citation, complaint or notice of violation that is written against you may be enough evidence by itself to prove the City’s case. By law, the Inspector, Parking Enforcement Officer, Investigator or Police Officer who issued the ticket is not normally required to appear at the Hearing. You may represent yourself or hire an attorney to represent you at your own expense. You have the right to tell the Hearing Officer your side of the story by yourself, with witnesses and physical evidence, such as bills, receipts, or photos. Your presentation must deal specifically with the violation before the Hearing. There is no provision for a public Defender as this relates only to criminal matters heard in Skokie. All documents presented as evidence may be retained by the Division of Administrative Hearings. There are no public defenders and no right to a jury in these Administrative Hearings. Audio and video equipment, newspapers, magazines, food, drink and chewing gum are not allowed in the Hearing Room. Proper conduct must be maintained at all times. Disruptive people will be removed from the Hearing Room and risk having their cases heard without them. The DecisionAfter both sides have been heard, the Administrative Hearing Officer will render a decision and make a determination based on the evidence presented whether any City Code violations have occurred. If you are found in violation of any of the City Code provisions for which you were cited, fines, penalties and costs may be imposed for each violation, according to the guidelines set forth in the City Code. The Administrative Hearing Officer's decision will be orally stated to you and communicated in the form of a written document will be mailed to you on the same day as the hearing is conducted.All fines are made payable to the City of Des Plaines. Payment can be made at the Cashier’s window located in the lobby of the Civic Center. If you disagree with the Administrative Hearing Officer’s final decision, you have 35 days from the date of the decision to appeal to the Circuit Court of Cook County, 5600 Old Orchard Road, Skokie, Illinois. For information regarding appeals, please call the Civil Clerk’s Office at the Courthouse at 847-470-7250.
Living In Des
Plaines |
Your Local Government |
Your City Services Send feedback to the
City by clicking here.
|
|
||||||||||||||||||||||
