home | city code | news | calendar | maps | employment | contact us

Enjoy Evanston

Resident

Business

Government

About Evanston

bannerAdministrative Hearings banner

THE PROCEDURE

 

Administrative Law Judges     Types of Cases

The Procedure                      Attending A Scheduled Hearing  

The Hearing                          The Decision

Payment Instructions

 

Administrative Law Judges
Outside attorneys have been appointed as administrative law judges to preside over all cases, just as a judge would in a courtroom. They are compensated on an hourly basis and receive no employee benefits from the city. They do not report to the head of the city department that issued the ticket. The administrative law judges are required to undergo training to be professional, fair and courteous.

Types of Cases
The Division hears, or will hear, the following types of cases:

  • Building code violations
  • Zoning code violations
  • Fire code violations
  • Parking Tickets
  • Public passenger vehicle violations
  • False advertising/Deceptive practices
  • Unlicensed businesses
  • Overflowing garbage dumpsters
  • Unsanitary food businesses
  • Outdated food products
  • City recycling violations
  • Lead paint in buildings with minors
  • Police issued tickets
  • Animal leash violations
  • Bicycle tickets
  • Compliance tickets

The Procedure
A city inspector, parking enforcement officer, investigator or police officer may issue a ticket, notice of violation or file a complaint against you. A case may also be initiated following a citizen or community complaint.

 

If you receive a ticket, complaint or notice of violation ordering you to appear at a hearing before the Division of Administrative Hearings, you or your representative must come to the location on the date and time specified. You must bring someone to assist you, if English is not your first language.

 

In some cases, as with violations, your ticket will give you an option to request a hearing. If you choose to do so you will return your ticket, complaint or notice of violation with your name and address. This indicates that you wish to contest the charges at a hearing. In these instances, the Division of Administrative Hearings will inform you by mail of your hearing date.

 

If you fail to appear at your scheduled hearing, you are in default. The administrative law judge will conduct the hearing without you, and you may be subject to fines and penalties.

 

If you miss the hearing due to illness or emergency, you have 21 days to request a new hearing by filing a "Motion to Set Aside" form.

A continuance is not allowed unless the administrative law judge finds good cause for the continuance. Lack of preparation is not considered to be good cause.

 

Forms for requesting that fines and penalties be set aside are available at the Hearings Division office outside of the hearings room. They should be filed at the Civic Center, 2100 Ridge Avenue, Hearings Division, Room 2700, between 8:30 a.m. and 5:00 p.m. At the time the form is filed, you will be given a scheduled date for a hearing on your request to set aside fines and penalties. If your request to set aside is granted, you will be expected to proceed with your hearing immediately afterward.

Attending A Scheduled Hearing
To attend a scheduled hearing, follow the information on your ticket, complaint or notice regarding date, time, address and room number. Outside the hearing room, a hearings 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 get situated before your hearing begins.

 

Once you enter the hearing room, please sit down until your case is called.

The Hearing
When the administrative law judge enters the room he or she will make an opening statement identifying themselves, their role, expectations of a 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 in front of the bench, where the administrative law judge 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 tape.

 

The ticket, complaint or notice of violation that is written against you when a violation is alleged to have occurred, may be enough evidence to prove or disprove the city's case. By law, the inspector, parking enforcement officer, investigator or police officer that issued the ticket does not normally have to appear in court.

However, the ticket, complaint or notice of violation must properly cite the ordinance violated, the date, time and location of offense, identity of the person named and give specific details to support the allegation in order for the charge to stand.

 

You may represent yourself, hire an attorney to represent you at your own expense or, in some instances, have an authorized representative attend the hearing on your own behalf. Your representative may be a friend, family member, employee or agent. In cases such as boot or vehicle impoundment hearings, the registered owner of the vehicle must appear in person unless a notarized affidavit permitting a representative to appear is submitted. In police cases such as drinking on the public way or disorderly conduct, the accused must appear in person … no exceptions.

 

You have the right to tell the administrative law judge your side of the story by yourself, with witnesses, and with physical evidence, such as bills, receipts or photos. Your presentation must deal specifically with the violation before the court.

 

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 Decision
The administrative law judge will render a decision after both sides have been heard and make a determination based on the evidence presented with a finding of liable or not liable. If you are found liable, fines, penalties and costs may be imposed according to the guidelines set forth in the Municipal Code. The administrative law judge's decision will be in the form of a written document you receive at the end of your hearing. Please make sure that you receive a copy of your decision.

All fines are made payable to the City of Evanston. Payment can be made at the Collector's Office.

If you disagree with the administrative law judge's decision, you have 35 days to appeal to the Circuit Court of Cook County, 5600 Old Orchard Road, Skokie, Illinois.