The Village of Barrington's administrative hearing process is designed to adjudicate, or settle, a wide range of cases involving violations of Village ordinances that were once heard in the Cook County Circuit Court. Hearings are conducted at the Barrington Village Hall in order to provide a convenient location and method of contesting certain tickets, citations, or notices of violation. The goal of the administrative hearing process is to expedite the resolution of these violations.
Please consult the Barrington Village Code for more information about the administrative hearing process for particular municipal ordinance violations.
An administrative hearing is a civil, not a criminal, proceeding for the hearing of cases which are punishable by fines, but not by jail time. Under the Village’s Administrative Adjudication System, cases are heard by an Administrative Hearing Officer who is required to be an experienced attorney who has completed state-mandated training to impartially render case decisions in a professional, courteous, and fair manner. The Administrative Hearing Officer hears, or may hear in the future, certain types of cases in each of the following categories:
- Police-issued citations
- Parking tickets
- Village Code violations
- Building Code violations
- Property Maintenance Code violations
- Snow removal violations
- Water conservation violations
- Zoning Ordinance violations
- Refuse and recycling violations
- Animal control violations
Administrative Hearing Procedures
Certain employees of the Village, such as a Village inspector, parking enforcement officer, investigator or police officer, are authorized to act as an enforcement officer for the Village for the purpose of issuing administrative tickets, citations, or notices of violation. A case also may be initiated following a citizen complaint. If you receive a ticket, citation, or notice of violation ordering you to appear at an administrative hearing, you must be present on the date and time specified, but in the case of a corporation or a limited liability company, only an attorney licensed to practice in Illinois can represent one of those entities. Where there is no such appearance, a default judgment and penalty may be entered against a defendant. If you have difficulty understanding the English language, you must bring with you to the administrative hearing someone who understands the English language in order to assist you; interpreters are not provided at administrative hearings.
Tickets issued for parking violations provide an option to request an administrative hearing. If you choose to request such a hearing, follow the instructions printed on the ticket for making such request. You may also contest a parking ticket in writing without appearing in person at an administrative hearing (Please refer to your ticket or the "Written Appeals of Parking Tickets" section below.)
Who Must Appear
An individual contesting charges must appear on the date and at the time scheduled for the administrative hearing as indicated on the ticket, citation, or notice of violation and may represent themselves, or hire an attorney to represent them at their own expense. However, as noted above, Illinois courts have ruled that only an attorney admitted to practice in Illinois can represent a defendant which is a corporation or a limited liability company, even in an administrative hearing. Public defenders are not present at such hearings and are not provided by the Village.
In cases involving a vehicle boot hearing, the registered owner of the vehicle must appear at the scheduled hearing, unless a notarized affidavit permitting a representative to appear is submitted to the Administrative Hearing Officer.
In certain police cases, when marked on the notice of violation, the defendant must appear in person. Minors must always be accompanied by a parent or legal guardian.
Request for a New or Continued Hearing
A continuance of an administrative hearing is generally not allowed unless the Administrative Hearing Officer finds such a continuance is absolutely necessary to protect the rights of the defendant. Lack of preparation is not considered good cause for a request for a continuance. If you or your representative fail to appear for a scheduled administrative hearing, or if you do not respond to a parking ticket issued to you within 14 days, you are in default, and a default judgment may be entered against you as a result of your failure to appear, which will subject you to the fines and/or penalties imposed by the Village’s Administrative Hearing Officer.
Missing a hearing date can cause a “default judgment” to be entered against you. If you miss your scheduled hearing date and are in default on a matter other than a parking ticket, you have 21 days from the date of the missed hearing to request a new hearing. Such a request must be made in writing on a form which can be obtained at the Barrington Village Hall or at the Barrington Police Station. The form must be filed in person between 8:00 a.m. and 4:30 p.m., Monday through Friday, at the Barrington Village Hall, 200 South Hough Street, Barrington, Illinois, 60010. At the time of filing your request, you will be advised of your new hearing date. If you are in default on a parking ticket as a result of missing your initial hearing, you do not need to request a new hearing date. You will automatically receive a second hearing date when you MUST appear if you wish to challenge the default judgment. At the hearing, the Administrative Hearing Officer will rule on your request for a new hearing. If your request is granted, you will be expected to proceed with your hearing immediately after the ruling.
Attending the Hearing
Hearings are conducted in the Village Board Room, on the 2nd Floor of the Barrington Village Hall, 200 South Hough Street, Barrington, Illinois - click here for directions. You must check-in with a clerk outside the hearing room who will have a list of hearings scheduled for that day. All hearings start promptly at the time indicated on the notice. It is recommended that you arrive in the hearing room a few minutes early. Once you enter the hearing room, please sit down until your case is called.
Use of cell phones, audio and video equipment, and the bringing of newspapers, magazines, food, drink and chewing gum are prohibited in the hearing room. Proper conduct must be maintained at all times. Disruptive persons may be removed from the hearing room and risk their cases being heard without them present.
The Hearing Process
When the Administrative Hearing Officer enters the hearing room, he or she will make an opening statement identifying him or herself, their role, the expectations of the defendant, and the process for the hearing. When your case is called, you should acknowledge by answering “here” and step to the podium in front of the Administrative Hearing Officer’s bench. The hearing will begin immediately and both sides will be given an opportunity to present testimony and evidence. All testimony is given under oath and recorded. There is no right to a jury in an administrative hearing.
By law, the Village representative who issued the ticket, citation, or notice of violation is not required to appear at an administrative hearing. The Administrative Hearing Officer may decide that the ticket, citation, or notice of violation is legally sufficient to stand on its own in the absence of the Village representative.
At the administrative hearing, you will be given the opportunity to present your side of the matter before the Administrative Hearing Officer, including presenting witnesses and physical evidence such as bills, receipts and photos on your behalf. Your presentation must specifically address only the violation before the court. Defendants are encouraged to have their respective witness(es) present to testify on the first hearing date inasmuch as lack of preparation may not be the grounds for a continuance. All documents presented may be retained by the Administrative Hearing Officer as evidence.
After the case has been heard and all evidence presented, the Administrative Hearing Officer will determine whether you are liable based on the evidence presented. If you are found liable, penalties in the form of fines and costs may be imposed upon you pursuant to the provisions set forth in the Barrington Village Code. The Administrative Hearing Officer’s decision will be rendered in the form of a written document which you will usually receive at the end of your hearing. Please be sure you receive a copy of the decision at the end of your hearing. All fines are payable to the Village of Barrington within the prescribed time frame and can be paid at the front counter on the 1st floor of Village Hall after the hearing. If you disagree with the Administrative Hearing Officer’s decision, you have 35 days from the date of that decision to appeal the Hearing Officer’s decision in writing by seeking administrative review in the Circuit Court of Cook County.
Written or On-Line Appeals of Parking Tickets
Illinois law, and local ordinance, allows parking tickets to be contested in writing. Written appeals should include all evidence you wish to be considered, such as pictures and documents. To file a written appeal, submit to the Barrington Police Department a Non-Appearance at Hearing/Citation Review Request form which can be obtained at the Barrington Police Department or on line at the Village’s website. To contest your parking ticket, please click here. A written or online appeal must be received no later than 14 days after the date the ticket was issued. You will be notified of the Hearing Officer’s decision within approximately three weeks.
For more information about the Village’s administrative adjudication program, call the Village of Barrington at (847) 304-3400.