(A) The Hearing Officer shall maintain the order of the public hearing and make procedural decisions subject to this chapter, the Act, and fundamental fairness.
(B) The Hearing Officer has the discretion to hold a telephone conference prior to the public hearing to discuss procedure and any participants, represented by an attorney, who desire to be included in that telephone conference must provide a notice of participation per § 100.07(B)(1)(j).
(C) The Hearing Officer shall hire and schedule the court reporter for the pre-hearing telephone conference (per division (B)), public hearing, and any public meeting in which the Village Board considers a siting application.
(D) The Hearing Officer may ask questions of any person providing testimony or oral comment at the public hearing to assist in this information becoming part of the public record.
(E) The Hearing Officer may exclude or limit any irrelevant or duplicative testimony or oral comment.
(F) The Hearing Officer may ask questions of witnesses that are given to him by and on behalf of the Village Board, Village President, or any participant.
(G) No ruling of the Hearing Officer shall be appealable to the Village Board.
(H) The Hearing Officer shall confer with the Village Board concerning the application, between the time of the filing of the application and the Village Board's decision on the application.
(I) The Hearing Officer shall advise the Village Board concerning legal and procedural questions they have concerning the Village Board's decision and the local siting procedure.
(J) The Hearing Officer shall not have a vote on the application.
(K) The Hearing Officer may confer with the participants (members of the public, applicant, and village) about scheduling and logistics related to the application, the public hearing, any Village Board meeting, or public notices. Discussions between the Hearing Officer and participants concerning the substance of the application is to be done during the course of the public hearing or otherwise documented in the public record.
(L) The Hearing Officer may communicate with the Village Clerk about the public record and the notices of the public hearing.
(M) The Hearing Officer may request, in his/her discretion, any participant represented by an attorney to submit to the Village Clerk for the public record a proposed ordinance, findings of fact, and/or recommendations of law after the public comment period has concluded and on a schedule the Hearing Officer sets before the public hearing closes.
(N) The Hearing Officer may, in his/her discretion, submit to the Village Clerk for the public record his/her proposed ordinance, findings of fact, and/or recommendations of law.
(Ord. 2088-23, passed 12-5-23)