(A) The applicant is a participant.
(B) The village is a participant. For purposes of the Act, the village and its employees and staff, and any experts, consultants, investigators or attorneys hired by the village to review, investigate, present at hearing, or otherwise work for the village concerning the petition, all constitute one participant. To the extent the village employees and staff wish to participate in the public hearings outside their roles or employment with the village, they must submit a notice of participation, as do other members of the public.
(C) Any person other than described in divisions (A) and (B), above, must file a written notice of participation on a form supplied by the Village Clerk notifying the Village Clerk and counsel for the applicant of that person's or entity's intent to participate.
(1) Every notice of participation must be filed with the Village Clerk before the adjournment of the first day of public hearing. In the case of counsel of record for any participant, said counsel shall, on or before the 80th day from the date of filing, serve a letter upon the Village Clerk and upon counsel for the applicant entering his or her appearance for the participant.
(2) Every notice of participation shall provide the following information: the name, address, daytime phone number and, if available, facsimile number of the participant or counsel; whether the participant will be participating on his or her own behalf or as a representative/spokesperson of another person or entity (and if on behalf of another person or entity, identify the name of that person or entity); whether the person (or the entity or association he or she represents) will be represented by an attorney during the public hearings; and whether the person intends on providing oral testimony or comment during the public hearing. All members of the public who desire to present sworn testimony, unsworn comment, or submit written questions to the Hearing Officer must file a notice of participation.
(3) No person may become a participant after the first day of the hearing except for good cause shown. The Hearing Officer shall liberally interpret this limitation if the additional participation shall not delay the process or unfairly prejudice a prior participant. No late participant shall be entitled to re-call a witness who has previously testified.
(D) Participant rights. Participants have the right to present sworn testimony and witnesses. Participants represented by counsel have the right to cross-examine or question witnesses who provide sworn testimony. Participants who are not represented by counsel may provide witnesses, evidence and sworn testimony subject to cross-examination by others; provide unsworn testimony or comment during the public hearing (subject to the Hearing Officer's judgment and consistent with fundamental fairness); or, as is the case for members of the public generally, submit written questions to the Hearing Officer who, in his or her sole discretion, shall decide whether such questions shall be posed and the manner of posing such questions. Participants who are not represented by counsel shall not cross-examine witnesses directly.
(E) Any attorneys acting as counsel and representing a participant must be licensed and in good standing to practice law in the State of Illinois, or if licensed and in good standing to practice law in another state which is part of the United States, shall be allowed to serve as a counsel for a participant upon motion made to and granted by the Hearing Officer.
(F) All witnesses (other than those called purely for purposes of rebuttal) and the subject matter on which they will testify shall be disclosed, and all reports, studies, exhibits or other evidence, or copies thereof, that any person, other than the applicant, desires to submit as evidence for the record at the public hearing must be filed with the Village Clerk and with counsel for the applicant no later than 80 days after the date of filing of the application. In the event that the 80th day after the date of filing falls on a Saturday, Sunday or legal holiday, the next business day shall be considered the date by which all such information must be filed. Copies of all such information shall also be available for copying by the public upon the payment of the actual costs of reproduction. Evidence or witnesses not so disclosed by the required date shall be admissible at the hearing only where the Hearing Officer shall find that the admission of such evidence is necessary to provide fundamental fairness to the parties.
(Ord. 10-47, passed 4-28-10)