1. The Conduct of Administrative Adjudication Hearings
Aaron H. Reinke
Bazos, Freeman, Kramer, Schuster, & Braithwaite, LLC
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
(847)

2. Disclaimers Each community will require a different conduct of hearing
My comments are general, and I do not speak for any particular community

3. Themes
Decorum
Respect for the respondents, the system, and the community
The law
“Fairness”
Expediency
Finality

4. The cast Clerk Police officer to serve as bailiff
Other municipal staff, if applicable
Hearing Officer

5. The setting
Use a more formal setting, such as the Board Room or Council Chambers
Conference rooms should be avoided
Hearings should be open to all interested persons and the public

6. Check-in Clerk takes the names of respondents Clerk can:
assist people who simply want to pay the ticket
Help explain why people are at the hearing
determine if an interpreter or reasonable accommodations are required
Prioritize people by need and/or case type

7. Opening statements
Welcome and open the hearing, noting the time and date for the record
Explanation of who I am, my role, and how the hearings will proceed
May explain common violations or violations that could be confusing
Stress the importance of decorum and possibility of removal
Administer the oath under penalty of perjury

8. Oath
Hearing officers are authorized by the enabling legislation to administer oaths
I ask respondents to stand (if they can), raise their right hands, and swear en masse
May explain the potential for perjury
Late arrivals are sworn when I hear the case

9. Individual Hearing Respondents identify themselves for the record
A non-attorney may not represent another person
A non-attorney may not represent a corporation
I note the case number and charge, and then ask the respondent to “tell me what happened”

10. “What happened?”
It’s important for the hearing officer to listen to the respondent
It’s important for the respondent to know he/she was heard, even if the testimony is not relevant
Legally, it’s important to have a factual record

11. Difficult situations For example:
Emotional or combative respondents or witnesses
Complex or political issues
The technical rules of evidence do not apply, so I apply the concept of “relevancy” liberally
At the same time, the hearing officer must maintain decorum using people skills
It is inappropriate to “shush”, yell, threaten, or intimidate parties

12. Contested hearings with staff present
Staff is generally not required to be present as the violation notice is prima facie evidence of the alleged violation
The burden is on the respondent
If a prosecutor or representative is present, they can provide a brief overview of the case
I admonish both parties to speak one at a time, and address their comments to me

13. Third parties
I hear testimony from complaining witnesses such as neighbors
It’s important for neighbors be heard without turning the proceedings into a zoo
I question and summarize third-party testimony and ask the respondent to respond directly to me

14. Ruling The hearing officer is responsible for rendering a decision
I often summarize my understanding of the testimony and evidence before I rule
This gives the respondent the opportunity to correct me if I have a fact wrong
Respondents also feel that I’ve listened to them
We’ve made the record

15. Ruling, continued
I specifically state that my ruling is based on the evidence presented and the law
“Based on your testimony and the village Code, I will enter a finding of not-liable”
Ruling in this manner emphasizes the conduct of the respondent and the law

16. Fines Your code should provide a specific fine or a range of fines
For example:
Parking over the sidewalk: $25
Administrative Tow: $500
Property maintenance: $25-750

17. Continuances?
Some respondents (or the village/city) request continuances
Continuances are to be avoided
However, continuances may be justified in the interests of justice and due process

18. Continuances?
Continuances due to a failure to prepare are not appropriate
Missing witnesses
Attorney not available
Need documents/test results
Continuances may be agreed upon by the parties, but the hearing officer should maintain ultimate control

19. Orders
It is important for the order be clear and indicate expectations of the respondent
For example, the order should reflect the hearing officer’s finding, fine amount, and how long the respondent has to pay

20. Creative orders
In certain instances, the hearing officer can enter a finding of liable and impose a fine, but retain jurisdiction to ensure compliance
For example:
Respondent is fined $500 for failure to maintain his property
I can reserve the right to reduce the fine if the resident comes into compliance before the next regularly scheduled hearing date

21. Final thoughts
The entire administrative adjudication system must be insulated from politics
“Kangaroo courts” violate the constitutional rights of your residents and expose you to liability
There should be little to no communication between elected officials and the hearing officer
Elected officials, via public comment, should express their expectations for the system (i.e. revenue, compliance, etc)
Go watch a hearing, but don’t interact!

22. Thank you! I hope this was helpful!
If I can be of assistance, please feel free to contact me:
Aaron H. Reinke
Bazos, Freeman, Kramer, Schuster, & Braithwaite, LLC
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
(847)