(A) In case of failure of conference or conciliation to attain compliance with this chapter, the Commission shall proceed to hear the complaint. With the advice and consent of the Commission, the Chairman may appoint a hearing examiner to hear the complaint. The hearing examiner shall be a person who is qualified to conduct administrative or quasi judicial hearings and who holds no other appointive or elective public office or position in the Village government. In the alternative, the complaint may be heard by a hearing panel, comprised of at least 3 Commissioners designated by the Chairman, not including any Commissioner who may have been directly involved in the investigation of the complaint. The Chairman shall designate one member of the hearing panel as Hearing Commissioner, who shall be the presiding member.
(B) The Commission shall serve upon the person charged with having engaged in the unfair or discriminatory 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 last known address at least 10 days prior to the date set for the hearing. The respondent shall have the right, within 5 days after the service on him of the statement of charges and notice of hearing to file an answer to the statement of charges. He shall also have the right to be represented by counsel, to appear at the hearing in person, to present evidence in his own behalf and to examine and cross-examine witnesses.
(C) The hearing panel or hearing examiner 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 Commission may adopt such rules of procedure for the conduct of hearings as are deemed necessary.
(D) Within 5 days after the conclusion of any hearing, a hearing panel or hearing examiner shall render a decision. No final action for the imposition or recommendation of a penalty shall be taken except at a meeting open to the public. If a person against whom a complaint of an unfair or discriminatory practice is made pursuant to § 34.11 is notified to attend a hearing before the hearing panel or hearing examiner, and he fails to attend such hearing, the hearing panel or hearing examiner may proceed to hold such hearing and make a determination in such person's absence.
(1997 Code, § 6.14)