A. Appointment: The village president, with the advice and consent of the board of trustees, may appoint one or more qualified hearing officers to perform the functions set forth in this chapter.
B. Term: The term of a hearing officer is one year; except that the hearing officer is an at will position and the board of trustees may remove a hearing officer at any time with or without cause.
C. Qualifications: To qualify as a hearing officer, an individual must:
1. Be an attorney licensed to practice law in the state of Illinois for at least three (3) years;
2. Be in good standing with the Illinois supreme court attorney registration and disciplinary commission; and (Ord. 2010-01-692, 1-18-2010)
3. Complete a formal training program approved by the village manager consisting of: (Ord. 2010-01-692, 1-18-2010; amd. Ord. 2012-10-861, 10-1-2012)
a. Instruction on the rules of procedure for administrative hearings;
b. Orientation to each subject area of this code and other codes and ordinances that will be adjudicated;
c. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and
d. Participation in hypothetical cases, including ruling on evidence and issuance of final orders. (Ord. 2010-01-692, 1-18-2010)
D. Compensation: Authorization for compensation for a hearing officer is made by the board of trustees through the village's annual budget process. Compensation is determined by the village manager within approved budget limitations. (Ord. 2010-01-692, 1-18-2010; amd. Ord. 2012-10-861, 10-1-2012)
E. Authority And Jurisdiction: Hearing officers are hereby authorized and directed to:
1. Hear testimony and accept evidence that is relevant to the allegation of a violation;
2. Issue subpoenas to direct the attendance and testimony of relevant witnesses and production of relevant documents, upon the request of the parties or their representatives;
3. Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;
4. Issue a determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The hearing officer's determination must be in writing and must include: a) written findings of fact, b) decision, and c) order, including any corrective measures, fine, penalty, and any other action with which the defendant must comply; and
5. Postpone or continue a defendant's hearing to a later hearing date only in cases where a continuance is absolutely necessary to protect the rights of the defendant, in which case continuance may not exceed twenty five (25) days, except that if the next regularly scheduled hearing date is more than twenty five (25) days, but less than thirty five (35) days, thereafter, then the continuance may be until that regularly scheduled hearing date by agreement of the defendant and the village and order of the hearing officer. (Ord. 2010-01-692, 1-18-2010)