The administrative hearing system shall provide for one or more hearing officers and a code hearing unit, all with the power, authority, and limitations as set forth in this chapter.
A. Hearing Officer:
1. Appointment: The city administrator shall appoint one or more qualified hearing officers to perform the functions set forth in this subsection.
2. Independent Contractor; Removal: 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 city administrator.
3. Qualifications: To qualify as a hearing officer, an individual must:
a. Be an attorney licensed to practice law in the state of Illinois for at least three (3) years;
b. Be in good standing with the Illinois supreme court attorney registration and disciplinary commission;
c. Complete a formal training program approved by the city administrator and the city attorney consisting of:
(1) Instruction on the rules of procedure for administrative hearings;
(2) Orientation to each subject area of this code that will be adjudicated;
(3) Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and
(4) Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.
4. 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 city administrator within approved budget limitations. (Ord. 2008-O-30, 9-16-2008)
5. Authority And Powers: Hearing officers shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to: (Ord. 2008-O-30, 9-16-2008; amd. 2009 Code)
a. Hold conferences for the settlement or simplification of the issues;
b. Administer oaths and affirmations;
c. Hear testimony and accept evidence that is relevant to the allegation of a violation;
d. Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
e. Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;
f. 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
g. 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.
B. Code Hearing Unit:
1. Appointment: The city administrator shall establish a code hearing unit to perform the functions set forth in this subsection.
2. Authority And Jurisdiction: This code hearing unit is hereby authorized, empowered, and directed to:
a. Recommend rules and regulations reasonably required to manage the administrative hearing system;
b. Adopt, distribute, and process all notices as may be required under this chapter or as may reasonably be required to carry out the purpose of this chapter;
c. Collect payments made as a result of fines and/or penalties assessed after a final determination of liability;
d. Certify copies of final determinations of violations adjudicated pursuant to this chapter and any factual reports verifying the final determination of any liability that was issued in accordance with this chapter or the laws of the state of Illinois, as from time to time amended; and
e. Keep accurate records of appearances and nonappearances at hearings, pleas entered, fines, and other penalties assessed and paid. (Ord. 2008-O-30, 9-16-2008)