(A) Appointment. The Mayor shall appoint one or more qualified Hearing Officers to perform the functions set forth in this section.
(B) Independent contractor. A Hearing Officer shall be employed as an independent contractor of the city and shall not be considered an employee of the city. A Hearing Officer may be removed, with or without cause, by the Mayor.
(C) Qualifications. To qualify as a Hearing Officer, an individual must:
(1) Be an attorney licensed to practice law in the state for at least three years;
(2) Be in good standing with the State Supreme Court Attorney Registration and Disciplinary Commission;
(3) Complete a formal training program approved by the Mayor and the City Attorney consisting of:
(a) Instruction on the rules of procedure for administrative hearings;
(b) Orientation to each subject area of the code that will be adjudicated;
(c) Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and
(d) Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.
(D) Compensation. Authorization for compensation for a Hearing Officer shall be made by the Mayor and City Council through the city’s annual budget process. Compensation shall be determined by the Mayor within approved budget limitations.
(E) Authority and powers. Hearing Officers shall have all powers necessary to conduct fair and impartial hearings, including but not limited to the power to:
(1) Hold conferences for the settlement or simplification of the issues;
(2) Administer oaths and affirmations;
(3) Hear testimony and accept evidence that is relevant to the allegation of a violation;
(4) Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon request of the parties or their representatives;
(5) Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;
(6) Issue a determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The Hearing Officer’s determination shall be in writing and shall include a written finding of fact, decision and order, including the fine, penalty or other action with which the defendant must comply; and
(7) Impose penalties consistent with applicable code provisions and assess costs upon finding a defendant liable for the charged violation, except as expressly provided in this chapter.
(Ord. 06-11, passed 2-28-2006)