(A) In addition to and not in lieu of any penalty or relief available at equity, any facility that violates any federal, state or local law, rule or regulation shall be subject to the suspension or revocation of its village license. The Village Administrator or his or her designee may seek the suspension or revocation of the license by filing charges with the Village President alleging a violation of the aforementioned provisions.
(B) Before any suspension or revocation order shall be issued, the village shall notify the facility of the specific charges against it and of its right to a hearing before a hearing officer appointed by the Village President. Notice shall be served upon the facility and its administrator at least seven days prior to the hearing date by first class or express mail, overnight carrier or personal service at the address contained in the facility application. At the hearing, the facility may be represented by counsel, cross- examine witnesses called by the charging party and present documentary evidence and witnesses. The charging party shall present sufficient evidence to prove by a preponderance of the evidence that a violation of the aforementioned provisions occurred. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings under this section. The record of each hearing shall include (i) a record of the testimony presented at the hearing, which may be by tape recording or other appropriate means; (ii) any document presented at the hearing; and (iii) a copy of the written notice of hearing that was served.
(C) Following review and consideration of the record, the corporate authorities shall issue in writing a determination as to whether a violation occurred. If a violation is found, the corporate authorities may suspend the license for a period not to exceed 30 days or revoke the license.
(Ord. 2246, passed 12-5-05)