(A) The Lake County State's Attorney shall appoint the Hearing Officer for the public hearing on the request for site approval. The Hearing Officer shall be an attorney licensed to practice in Illinois and shall not have a conflict of interest in the property or affairs of the applicant or of any participant in the proceeding. The Lake County State's Attorney may remove and/or replace the Hearing Officer at will or upon the request of the County Board Chairperson. If the Hearing Officer is replaced, a new hearing officer shall be appointed. In the interim, the hearing may be adjourned or continued, with the County Board Chairperson or a County Board member as presiding officer.
(B) For good cause shown, the Hearing Officer may waive any requirement of this subchapter except financial or application requirements.
(C) The Hearing Officer shall have the following powers and duties:
(1) Administer oaths and affirmations.
(2) Hold a pre-hearing conference not less than five business days prior to the date established for the commencement of the hearing. At that time, the applicant, the county and any other participants of record shall participate. The purpose of the pre-hearing conference shall include, but not be limited to, the following: (a) determination of criteria which will be placed in issue by any of the parties at hearing; (b) to the extent necessary and practicable, address any pre-hearing issues which may have arisen; (c) address any pre-hearing motion which has been filed or any motions which will be presented on the first day of hearing prior to the commencement of the evidentiary testimony.
(3) Regulate the course of the hearing, including but not limited to, controlling the order of proceedings, consistent with this subchapter.
(4) Require witnesses or person presenting unsworn public comment to state their position either for, against, or undecided with respect to the proposed facility.
(5) Examine a witness and direct a witness to testify.
(6) Establish reasonable limits on the duration of public hearing consistent with the Act and this subchapter, including, but not limited to, the reasonable limitation of sworn testimony, unsworn public comment, direct and cross-examination of any witness, and the limitation of repetitive or cumulative testimony or questioning.
(7) Rule upon objections and evidentiary questions, with the understanding that such rulings must be consistent with fundamental fairness, but need not be in strict compliance with the Illinois Supreme Court Rules or Illinois Code of Civil Procedure.
(8) The applicant and county's attorney shall be allowed to cross-examine witnesses as of right, subject to such reasonable limitation as may be set by the Hearing Officer. Other participants represented by counsel may be allowed cross-examination in the discretion of the Hearing Officer.
(9) The Hearing Officer shall have, consistent with fundamental fairness, the discretion to reasonably limit cross-examination. The Hearing Officer may allow the pro se participants to submit questions to the Hearing Officer who may ask the question, rephrasing, modifying or otherwise changing the question as reasonably necessary. The Hearing Officer may refuse to ask any question consistent with the principles of fundamental fairness.
(10) Allow the introduction of late-filed evidence, be it written or testimonial, on behalf of any participant, provided good cause is shown for the late-filing, and the evidence is relevant and not unduly prejudicial to the applicant or to another participant so that fundamental fairness to all parties is preserved.
(11) Exercise discretion to allow public comments at each hearing or may set one time for public comment.
(12) At the conclusion of the public hearing and after consideration of all public comments, the Hearing Officer shall submit a recommendation on the site approval application which includes written findings of fact and conclusions of law to the County Board, and file a copy of such findings with the County Clerk.
(13) Prepare the record for appeal with the assistance of the County Clerk.
(D) No ruling of the Hearing Officer shall be appealable to the County Board.
(Ord. 24-0593, passed 5-14-2024)