Skip to code content (skip section selection)
A. It is the intent and purpose of this section to set forth a procedural system for hearings on appeals to the suspension, revocation, or denial of the issuance of a license. The hearing shall be before the McHenry County Board’s Natural Environment and Resources Committee and conducted by a Hearing Officer, at a regularly scheduled or special meeting, upon completion of proper notice.
1. The Municipal Waste Hauler must file a copy of their appeal with the McHenry County Solid Waste Manager. The Solid Waste Manager will provide the Natural Environment and Resources Committee and Hearing Officer with a copy of the entire file in the matter.
2. The appeal shall provide the name and address of the Municipal Waste Hauler, a copy of the decision being appealed, identification of the ordinance provisions in dispute, and be signed by the Municipal Waste Hauler or their attorney with their address and telephone number.
B. The Department shall schedule and provide notice of the date, time and place of the hearing. The hearing shall be held no later than forty-five (45) calendar days after receipt of the request for hearing or by mutual agreement of the parties.
C. License hearings shall proceed under established Illinois administrative procedure in addition to the specific rules listed below:
1. The general rules of evidence used by Illinois courts in civil proceedings at the time of the hearing shall govern the admission of evidence. The Hearing Officer shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony.
2. A Hearing Officer will conduct the hearing and rule on the evidentiary matters.
3. The hearing shall be transcribed by a court reporter. The cost of paying the court reporter to attend the hearing will be borne by the Department. The Municipal Waste Hauler shall pay the Department for the cost of preparing the transcript; and
4. Testimony at the hearing will be under oath.
5. Suggested Order of Business during Hearings (subject to modification by Hearing Officer):
a. Call to Order and reason or purpose for hearing.
b. The Appeal will be read at the discretion of the Hearing Officer.
c. Introduction of the Hearing Officer and Committee members.
d. Recognition of fees and meeting notice.
e. Citation of proceedings.
f. Recognition of Municipal Waste Hauler and witnesses. Swearing-in those who will present testimony.
g. Recognition of public and observers.
h. Municipal Waste Hauler presents testimony and evidence.
i. Cross examination by Committee, public and observers.
j. Public and staff, who are sworn, present testimony and evidence.
k. Cross examination of public’s testimony by Committee and Municipal Waste Hauler.
l. Summary statements by Municipal Waste Hauler or his/her attorney.
D. The Natural Environment and Resources Committee shall make specific factual findings at the hearing. The findings shall include, but not be limited to the following, a short summary of the appeal, the reasons for the board’s decision, and the name of the committee member making the motion, second and votes by name for or against the motion. Those members abstaining should indicate a reason for the same. These findings will then be forwarded to the McHenry County Board for a final decision on the recommendation in accordance with the McHenry County Board’s rules and procedures.
(Ord. O-200506-10-070, passed 6-21-2005; Ord. O-201411-51-046, § 603, passed 11-18-2014)