How is the hearing conducted?

The hearing follows a basic trial structure to ensure fairness and due process of law. All testimony is under oath and recorded.

  1. The ALJ will begin by giving his remarks, which outline the hearing
  2. The Village will present its evidence first before you are even asked to present a defense. The Village must establish a “prima facie case.” Simply stated, it must set forth the necessary allegations that a Code violation has occurred. The Village may: introduce the certified citation, call witnesses and offer other evidence, such as photographs or other documents. If the Village presents its case through the in-person testimony of a Village official or other witness, you have the right to ask questions of the Village’s witness. Please note, however, federal and state case law allows the Village to present its case solely by introducing the certified citation as evidence, without requiring the presence of the ticketing Village inspector or additional evidence.
  3. If after reviewing the Village’s case the ALJ determines the Village has not presented a prima facie case, the case may be dismissed. If the Village has established a prima facie case, the hearing will proceed and you will have the opportunity to present your case.
  4. You may present your defense to the ALJ through: your own testimony, the testimony of witnesses, a sworn affidavit and other evidence (such as photos, in- voices, receipts, etc.). You are expected to bring all of your witnesses and evidence with you to your first hearing. The Village Prosecutor may also ask questions of any witness that testifies at the hearing.
  5. After both sides have had an opportunity to present their case, the ALJ will issue a written order stating whether the Village has demonstrated the case against you. The Village’s burden of proof in these matters is “by a preponderance of the evidence.” That means, the Judge must believe, after considering all of the evidence, that “it is more likely than not” that a Code violation has occurred.

Show All Answers

1. What is Administrative Adjudication?
2. Why was I issued a complaint/ticket?
3. What do I do if I receive a citation?
4. Do I need to attend the hearing?
5. What should I bring to my hearing?
6. What do I do when I arrive for my hearing?
7. Who may participate in the hearing?
8. How do you settle a case?
9. How is the hearing conducted?
10. What if I am found liable?
11. What if I am found not liable?
12. What if either side disagrees with the Judge’s decision?
13. What happens if a citation is ignored or you fail to appear?
14. What can I do about a default judgment?
15. What happens if someone does not comply with the Judge’s order?
16. How can I pay a fine?