The prosecution of ordinance violations can take place at the City of Chicago Department of Administrative Hearings (DOAH), located at 400 W. Superior. DOAH acts as a ‘quasi-judicial body.’ Cases are heard by licensed attorneys, paid for and contracted with the City of Chicago, and commonly referred to as Administrative Law Judges (or ALJs). These cases are typically shorter than other litigation, often times, one hearing. The result can be anywhere from a dismissal of the charges to a substantial fine. Read More Here.
If you failed to appear and present your case to the ALJ, a default judgment may have been entered against you, and your first option may be to file a motion to set-aside the default motion. This motion generally must be filed within 21 days of the mailing date stamped on top of the default judgment order (the time limit may not apply under certain circumstances). The motion should be filed in person at 400 W. Superior, and you must appear or have an attorney appear on the date the motion is scheduled.
If you did appear and contest the charges against you, and a judgment that was entered that was not in conformity of the law, or the ALJ didn’t consider the requisite facts, you may want to appeal the decision.
You do have a right to appeal the decision of the ALJ to a Circuit Judge. Pursuant to 735 ILCS 5/3-104, jurisdiction to review final administrative decisions is vested in the Circuit Courts. Unlike ALJs, the Circuit Court is made up of full-time judges, elected or appointed, who are not paid by the City of Chicago.
The process for appealing and Administrative Law Decision
After your hearing at the DOAH, you will likely be given a copy of the “Findings, Decisions & Order”. Pursuant to 735 ILCS 5/3-103 “Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision…” So if you are given a copy of the final determination of the ALJ, this would be the start of the 35 day time limit to file your appeal. If you fail to attend the hearing or otherwise do not receive a copy of the final order from the ALJ, the 35 day period will start when the Findings, Decisions & Order is mailed.
To file an Administrative Appeal, you must file a Complaint for Illinois Administrative Review with the Clerk of the Circuit Court of Cook County, with the Findings, Decisions & Order attached, as well as a summons, and an administrative review cover sheet. These filings can be made using the forms provided by the Clerk of the Circuit Court of Cook County.
There is a fee for filing your appeal, and the appeal can be filed in room 602 of the Richard J. Daley Center, 50 W Washington St., Chicago, IL, or electronically. When the Complaint is filed a court date will be given, typically at least a few weeks in the future.
The summons is the form notifying the City and the Specific City Department(s) that an administrative review has been filed and the date of the first hearing. You must mail a copy of the Summons, Complaint and Cover Sheet to each applicable City Department, as well as the City of Chicago Department of Law and the City of Chicago Department of Administrative Hearings.
At the first court date, the Judge will call your case. The City will appear and request time to respond to your complaint. The City will likely be granted time to file its answer to your complaint, or “the record”, which includes a transcript of your administrative hearing and all the evidence used by the City in prosecuting your case. The Judge will permit you time to file what’s called “Specification of Errors” form. The “Specification of Errors” is the reasons and your argument as to why the Administrative Hearing Officer (ALJ) was wrong. The Judge will set the next court date and time.
The Specification of Errors will need to be filed after your receive the City’s answer. You will need to mail a copy of the Specification of Errors to the City, as well as file a copy with the Court.
The next Court date, the judge (who may be a different judge than the one on your first court date) will permit both you and the City to present your arguments. The Judge will make a ruling on this date.
*Christian is an Illinois lawyer who assists property owners facing ordinance violations home owners (or future home owners) with real estate transactions, and small businesses. Call (773-706-7514) or email (christian@attorneyblume.com).
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