(A) All administrative hearings shall be open to the public and shall be presided over by a duly appointed administrative hearing officer who is charged with providing the parties a full and fair opportunity to be heard.
(B) All administrative hearings shall be conducted on the date set for hearing. For good cause shown, a continuance may be granted at the discretion of the Administrative Hearing Officer. The purpose of administrative hearings is to provide a prompt resolution of the alleged Code violation, and accordingly, the request for and the grant of continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than 28 days.
(C) The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(D) No violation may be established except upon proof by a preponderance of the evidence; provided, however, that the original or a legible copy of the charging document, issued in accordance with the applicable provisions of this Code, shall be prima facie evidence of the correctness of the facts specified therein.
(E) The Administrative Adjudication Administrator, with the advice and consent of the Administrative Hearing Officer, shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means. Recording by any means by any member of the public is prohibited unless expressly authorized by the Administrative Adjudication Administrator. The record of all hearings before the Administrative Hearing Officer shall include a copy of the findings, decision, and order of the Administrative Hearing Officer's final determination.
(F) At the conclusion of a hearing, the Administrative Hearing Officer shall issue his final determination. If the Administrative Hearing Officer issues a final determination of liability, a fine shall be imposed, consistent with the specific Code provision(s) found to have been violated. If a determination of liability is made against the violator, administrative costs in the amount of $25 shall be imposed. All fines and costs must be paid within seven days after the date of determination of liability.
(G) At the conclusion of the hearing, the Administrative Hearing Officer shall inform the parties orally and in writing of his determination, which determination constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law. Based on the charging document and the evidence admitted, the Administrative Hearing Officer may issue the following determinations: liable, not liable, or liable upon a plea of no contest. The Administrative Hearing Officer also may dismiss the case with or without prejudice or grant a properly made motion by the village voluntarily dismissing the case.
(Ord. 2019-07-22, passed 7-15-2019)