(A) All adjudicatory hearings as provided by this article shall be presided over by an Administrative Hearing Officer who shall be appointed and removed by the Mayor. The Administrative Hearing Officer shall be an independent contractor of the village and shall not be considered an employee of the village.
(B) In addition to adjudications as provided in this article, the Administrative Hearing Officer may also serve as the hearing officer for appeals of vehicle seizures and impoundments pursuant to the provisions of Article 8, Chapter 8 of this Code and as the hearing officer for contesting violations of the automated traffic signal system pursuant to the provisions of Article 8, Chapter 9 of this Code.
(C) The Administrative Hearing Officer shall be an attorney licensed to practice law in the state for at least three years who shall have successfully completed a formal training program as required by law. The village finds that a person chosen as a hearing officer for any administrative adjudication undertaken by the village, who is otherwise qualified, shall have fulfilled the education and training standards referenced herein as "formal training program as required by law" if, at the time of his or her appointment, that individual has served for at least ten years in the position of a State's Attorney or Assistant State's Attorney in the State of Illinois.
(D) The Administrative Hearing Officer shall have the following powers and duties:
(1) Hearing testimony and accepting evidence that is relevant to the existence of the Code violation;
(2) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(3) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
(4) Issuing and signing a written finding, decision and order stating whether a code violation exists; and
(5) Imposing penalties consistent with applicable code provisions and assessing costs upon finding a party liable for the charged violation, except however, that in no event shall the hearing officer have authority to impose a penalty of incarceration or any other penalty in excess of that allowed by law.
(Ord. 2019-07-22, passed 7-15-2019)