Chapter 8. Administrative Hearings.

8.1 Public

Unless otherwise provided by law, all administrative hearings shall be open to the public. In the event of overcrowding, however, an administrative law officer may limit the number of persons allowed in a hearing room in the interest of safety and due process to the litigants. In the event of overcrowding, litigants shall be afforded priority to the hearing room over non-litigants. Members of the general public, while welcomed to observe, may not testify in the actual hearing proceedings unless formally called as a witness by the petitioner or respondent.

8.2 Decorum.

Individuals before the Department of Administrative Hearings shall conduct themselves at all times in a dignified, orderly and appropriate manner. During the hearing, all individuals shall address themselves to the administrative law officer and avoid direct debate or argument amongst themselves. Individuals who fail to conduct themselves with the proper decorum may risk being removed from the proceedings.

8.3 Constitutional Challenges.

The Department of Administrative Hearings and administrative law officers do not have the authority to pass upon the constitutionality of a statute, ordinance, rule and regulation, or other legislative or administrative action. (See Hunt v. Daley, 286 Ill.App.3d 766 (1st Dist. 1997) and Yellow Cab Company v. City of Chicago, 938 F.Supp. 500 (1996)). Parties may, however, make an objection to the constitutionality of statute, ordinance, rule and regulation, or other legislative or administrative action for the record.

8.4 Witnesses, Documents and Exhibits.

Parties are expected to have all of their witnesses, documents and exhibits available and with them at the hearing. An extra copy, for the administrative law officer, of any document intended to be offered into the evidence is desirable. Parties wishing to offer audio tape or video tape evidence must provide their own tape playing equipment.

8.5 Evidence.

Pursuant to section 2-14-076(h) of the Municipal Code of Chicago and section 1-2.1-6 of the Illinois Municipal Code, the formal and technical rules of civil/criminal procedure and evidence shall not apply in the conduct of administrative hearings. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

8.6 Questions by the Administrative Law Officer.

An administrative law officer may ask questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record.

8.7 Standard of Proof.

Pursuant to section 2-14-076(i) of the Municipal Code of Chicago, no violation may be established except upon proof by a preponderance of the evidence.