(a) Appointment. The Village Manager shall appoint one or more qualified hearing officers to perform the functions set forth in this article.
(b) Term. The term of a Hearing Officer shall be one year; provided, however, that the Village Manager may remove a Hearing Officer, with or without cause.
(c) Qualifications. To qualify as a Hearing Officer, an individual must:
(1) Be an attorney licensed to practice law in the State of Illinois for at least three years;
(2) Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; and
(3) Complete a formal training program approved by the Village Manager consisting of:
(A) Instruction on the rules of procedure for administrative hearings;
(B) Orientation to each subject area of the Village 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 Village Board through the Village's annual budget process. Compensation shall be determined by the Village Manager within approved budget limitations.
(e) Authority and Jurisdiction. The Hearing Officer 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) Conduct hearings in accordance with this article, including hearing testimony and accepting evidence that is relevant to the allegation of a Violation;
(4) Rule upon motions, objections, and the admissibility of evidence;
(5) At the request of any party or on the Hearing Officer's own motion, issue subpoenas directing witnesses to appear and give relevant testimony at the Hearing, or directing the production of relevant books, records, or other information, but only if the Hearing Officer determines the subpoenaed information is necessary to present relevant evidence that relates to a contested issue in the case;
(6) Preserve and authenticate the record of the Hearing, including all exhibits and evidence introduced at the Hearing;
(7) Postpone or continue a violator's Hearing to a later Hearing date;
(8) Issue a final determination, based on the evidence presented at the Hearing, on whether a Violation occurred or exists. The Hearing Officer's final determination shall be in writing and shall include written findings of fact and conclusions of law, including any corrective measures, the applicable fines and penalties, or other action with which the violator must comply;
(9) Impose penalties consistent with applicable Code provisions, order the violator to obtain a compliance bond, and require the violator to take corrective measures to cure the Violation upon finding a violator liable for the charged Violation, except as expressly provided in this article;
(10) Impose administrative costs in an amount not less than the minimum amount set by the Board of Trustees in a resolution adopted pursuant to Section 2-196 of this Code, upon finding a violator liable for the charged Violation. The Hearing Officer shall have no authority to waive, or impose an amount less than the minimum amount set by the Village Board;
(11) Require, upon recommendation of the Village, that a violator complete, and provide proof of completion of, a specified period of community service with an organization designated by the Village Manager in consultation with the Chief of Police. Such community service may include, without limitation, a specific period of attendance at a designated educational program or the receipt of counseling related to substance abuse. This community service requirement may be imposed in addition to, or in lieu of, any applicable fines and administrative costs for the Violation;
(12) Upon recommendation of the Village, accept and enter any agreed order, continuance, or other agreed disposition of any matter; and
(13) Conduct and adjudicate hearings concerning towed motor vehicles, in accordance with and pursuant to Chapter 22 of the Code. (Ord. O-24-28, 9-3-2024)