Hearings required pursuant to this subchapter shall be conducted as follows.
(A) Hearing Commission and Officer. The hearing shall be before an impartial Hearing Commission consisting of three members appointed by the County Board. One member of the Commission will be appointed and will act as the Hearing Officer.
(B) 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 weeks prior to the hearing. The hearing shall be held no later than 45 calendar days after receipt of the request for hearing or by mutual agreement of the parties.
(C) Procedures. The prehearing conference and hearing shall be conducted in the following manner:
(1) The prehearing conference shall be held before the Hearing Officer and 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.
(2) 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, and demonstrative evidence. Evidence not exchanged in accordance with these provisions will not be considered in the hearing unless good cause is shown to the Hearing Officer.
(3) The hearing shall be public and shall be recorded by a certified court reporter. The licensee or applicant shall be responsible for all costs of the certified court reporter, including appearance and the provision of a transcript.
(4) All witnesses shall testify under oath or affirmation.
(5) 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. The Hearing Officer shall make all rulings for the Hearing Commission.
(6) 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.
(7) The Hearing Commission shall make written findings of fact and conclusions based upon the evidence provided at the hearing.
(8) The cost of preparing a record shall be borne by the applicant or licensee.
(9) Appeal of a decision by the Hearing Commission shall be subject to the provisions of the Illinois Administrative Review Law and shall be made to the Circuit Court of the Nineteenth Judicial Court.
(1977 Code, § 1:4-9) (Ord. passed - -2005; Ord. passed 6-11-2013)