TheVillage Manager may proceed to hold such hearing and make a determination in such person's absence.
(A) In case of failure of conference and conciliation to attain compliance with this chapter, the Village Manager, or his or her designee, shall proceed to hear the complaint. The designee may include the Village’s administrative hearing officer or other person qualified to conduct administrative or quasi judicial hearings. The Village Manager, or his or her designee, shall serve upon the person charged with having engaged in the unlawful real estate practice, referred to as the respondent, a statement of the charges made in the complaint and a notice of the time and place of the hearing. Such statement of charges and notice shall be sent by certified mail (return receipt requested) to the respondent at his or her last known address at least 10 days prior to the date set for hearing. The respondent shall have the right, within 5 days after the service on him or her of the statement of charges and notice of hearing, to file an answer to the statement of charges. He or she shall also have the right to be represented by counsel, to appear at the hearing in person, to present evidence on his or her own behalf and to examine and cross-examine witnesses.
(B) The Village Manager, or his or her designee, shall not be bound by the strict rules of evidence and shall have the power to administer oaths, to take sworn testimony and to subpoena witnesses, documents and records. The Village Manager, or his or her designee, may adopt such rules of procedure for the conduct of hearings as are deemed necessary.
(C) Within 5 days after the conclusion of any hearing, the Village Manager, or his or her designee, shall render a written decision. If notice of a hearing to a respondent is given pursuant to this chapter, and he or she fails to attend such hearing, the Village Manager, or his or her designee, may proceed to hold such hearing and make a determination in such person’s absence.
(1997 Code, § 43.17) (Ord. 78-3, passed 2-9-1978; Am. Ord. 83-17, passed 6-23-1983; Am. Ord. CO-09-10, passed 5-5-2009)