Administrative Adjudication Hearings
Administrative Adjudication
On September 3, 2024, the Village Board enacted Ordinance 24-28, amending the Village of Deerfield Municipal Code to introduce an Administrative Adjudication Hearing process. This process provides an independent and unbiased approach to resolving municipal ordinance violations, serving as an alternative to the traditional court system. Previously, such violations were handled exclusively by the Lake or Cook County Circuit Court.
Administrative Adjudication Hearings are scheduled on the third Friday of the Month at 9:00 a.m. at Deerfield Village Hall, located at 850 Waukegan Road, Deerfield, IL 60015.
The hearing process operates independently of the Mayor and Board of Trustees as well as Village Departments responsible for investigating, initiating and enforcing Code violations. It primarily addresses citations from the Community Development Department, including building code violations and other related matters.
The Purpose
Hearings are designed to expedite resolutions, lower litigation costs and offer residents a convenient way to contest tickets or citations.
Cases in Administrative Adjudication may result in fines or other penalties, though jail time is not applicable because the hearings are civil, not criminal. An Administrative Law Judge, a licensed Illinois attorney who meets strict state qualifications and is not a Village employee, presides over these cases impartially.
The Process
A Village inspector, code enforcement officer or police officer may issue a ticket or notice of violation. A case may also be initiated following a citizen or community complaint.
If you receive a ticket, Summons Notice or Notice of Violation that indicated “Court Appearance Required,” you or your representative must be present on the date and time specified. If you fail to request a new hearing date or do not show up to your hearing, a default (guilty) ruling may be ordered against you. If you’re your citation does not indicate “Court Appearance Required,” you have the option to pay the fine prior to the hearing date without incurring any further penalties. By doing so, you are forfeiting your right to a hearing and pleading liable (guilty).
When the Administrative Law Judge enters the hearing room, they will begin with an opening statement, introducing themselves and their role, and explaining the hearing process. The Village Prosecutor, Village staff, and the Respondent (defendant) will be given an opportunity to present testimony and evidence. All live testimony is given under oath and may be recorded.
You have the right to present your side of the story to the Administrative Law Judge, which can include witnesses and physical evidence like bills, receipts or printed photos. Your presentation must be directly related to the violation, and any documents provided may be kept as evidence. Administrative Hearings do not include public defenders, nor do they grant the right to a jury. The Notice of Violation issued against you may serve as sufficient evidence to either support or refute the Village's case. By law, the Village representative who issued the notice is typically not required to appear at the hearing.
The Decision
Once both parties have presented their cases, the Administrative Law Judge will issue a decision based on the evidence provided. If you are found liable, fines, penalties and costs may be assessed in accordance with the Village Code. The decision will be documented in writing and you will receive a copy at the conclusion of your hearing. Should you disagree with the Officer's ruling, you have the right to appeal to the Circuit Court of Lake County, Illinois within 35 days. The decision will be based on a preponderance of the evidence, meaning the evidence must show that it is more likely than not that the violation occurred.
Who Must Appear
You may choose to represent yourself, hire an attorney at your own expense, or, in certain cases, have an authorized representative attend the hearing on your behalf.
Continuances are only permitted if the Administrative Law Judge determines there is good cause; lack of preparation does not qualify as good cause. If you or your representative do not appear for the scheduled Hearing, you will be in default, and the Hearing will proceed in your absence. You will still be subject to any resulting fines or penalties. If your absence is due to illness or an emergency, you have 21 days to request a new hearing.
Contact
Adjudication@deerfield.il.us or 847.945.5000
Meeting Schedule
Third Friday of the Month at 9:00 a.m.
Location
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015