A. Hearings conducted pursuant to this article shall be conducted as follows:
1. Hearing Commission: The hearing shall be before a Hearing Commission consisting of the three (3) members of the Energy and Environmental Committee of the Kane County Board.
2. Prehearing And Hearing Notice: The County shall schedule and provide notice of the date, time, and place of the prehearing conference and hearing. The prehearing conference shall be held at least three (3) weeks prior to the hearing. The hearing shall be held no later than forty five (45) calendar days after receipt of the request for hearing or by mutual agreement of the parties.
3. Procedures: The prehearing conference and hearing shall be conducted in the following manner:
a. The prehearing conference shall define the issues, schedule the exchange of witness lists and documentary evidence, seek agreement on the authenticity of documents and relevant testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
b. Each party shall exchange all relevant information and documentary evidence at least one week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes, but is not limited to, the following: exhibits; statements; reports; witness lists including a description of the facts and opinions to which each is expected to testify; photographs, slides, demonstrative evidence. Evidence not exchanged in accordance with this provision will not be considered in the hearing unless good cause is shown to the Hearing Officer.
c. The hearing shall be public and shall be recorded by a certified court reporter.
d. All witnesses shall testify under oath or affirmation.
e. The hearing is subject to the general rules of evidence with latitude necessary to gain facts or information. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
f. The County shall have the burden of proof through preponderance of evidence.
g. The County, licensee or applicant, and additional parties as determined by the Hearing Officer, shall present evidence in that order. Each party shall have the opportunity to cross examine the witnesses of the other party. The Hearing Commission may examine witnesses.
h. The Hearing Commission shall make a written finding of fact and conclusions based upon the evidence provided at the hearing.
i. The cost of preparing and certifying a record of proceedings shall be borne by the applicant or licensee.
j. Appeal of a decision by the Hearing Commission shall be made to the Circuit Court within thirty (30) calendar days following the Hearing Commission decision. (Ord. 18-224, 7-10-2018)