Chapter 11 Post-Hearing Matters.

11.1 Post-Hearing Motions.

The Department of Administrative Hearings does not have jurisdiction to conduct post-hearing motions except where authorized under sections 2-14-103, 2-14-108, 2-14-109 and 2-14-195 of the Municipal Code of Chicago.

11.2 Motion to Set-Aside a Default Order

Pursuant to section 2-14-108 of the Municipal Code of Chicago, a party may file a written motion to set-aside a default order. In general, the motion must 1) be filed within twenty-one days after the issuance of the default order and 2) present a good cause reason for the movant’s prior failure to appear for a hearing. The movant must also be prepared to proceed with an immediate hearing if the motion is granted. If the movant fails to appear on the date and time the motion is scheduled for a hearing, the motion will not be heard and will be stricken. Subsequent motions to set-aside for good cause will not be heard if they are outside the twenty-one day time limitation. “Issuance of the default order”, as used in this rule and pursuant to section 1-2.1-5 of the Illinois Municipal Code, shall be the date that the default order was deposited in the United States mail. (Amended 11/8/04)

11.2.1 Motion to Set-Aside Fines and Other Sanctions Entered in Absentia.

If a respondent fails to appear at the separate hearing on fines and other sanctions as provided for in Sections 2-14-156 and 2-14-160 of the Municipal Code and fines are entered in absentia at that hearing, a motion to set-aside fines entered in absentia thereafter may be filed. The administrative law officer may grant the motion if it is: 1) filed within twenty-one days after the order imposing fines or other sanctions was entered and 2) presents a good cause reason for the prior failure to appear at the separate hearing on fines and other sanctions. If the motion is granted, a hearing shall take place that is limited to issues related to: 1) the extent of any corrective measures that have been undertaken and 2) the imposition of fines and other sanctions. The hearing shall not be for the purpose of contesting a previous determination of liability. The movant must be prepared to proceed with an immediate hearing if the motion is granted. If the movant fails to appear on the date and time the motion is scheduled for a hearing, the motion will not be heard and will be stricken. Subsequent motions will not be heard if they are outside the twenty-one day time limitation. [Added 09/20/10].

11.3 Appeal to the Circuit Court

Upon becoming final, an order of an administrative law officer shall be subject to review in the Circuit Court of Cook County under the Illinois Administrative Review Act (735 ILCS 5/3-101. et seq.), which allows either party thirty-five (35) days to appeal.