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A. Meetings: Meetings of the board of appeals shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote, or failure to vote, of each member upon every question, and shall keep records of its examinations and other official actions. All board of appeals action shall be a matter of public record.
B. Rules Of Procedure: The board of appeals shall have the power to adopt such rules of procedure for the conduct of hearing appeals as it deems appropriate. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. Hearing Examiners: The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted by him to the board for decision.
B. Records: A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board.
C. Reports: The proceedings at the hearing shall also be reported by a certified shorthand reporter in and for the state of Illinois if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall, in no event, be greater than the cost involved.
D. Continuances: The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by him for good cause shown, so long as the matter remains before him.
E. Oaths And Certifications: In any proceedings under this article, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
F. Reasonable Dispatch: The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
The notice to the appellant shall be substantially in the following form but may include other information:
You are hereby notified that a hearing will be held before (the Board of Appeals or name of hearing examiner) at on the day of , 20 , at the hour , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board of Appeals or name of hearing examiner).
(Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. The board of appeals may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular.
B. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.
C. Any person who refuses, without lawful excuse, to attend any hearing or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. Technical Rules Not Applicable: Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
B. Oral Evidence: Oral evidence shall be taken only on oath or affirmation.
C. Hearsay Evidence: Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
D. Admissibility Of Evidence: Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
E. Exclusion Of Evidence: Irrelevant and unduly repetitious evidence shall be excluded.
F. Rights Of Parties: Each party shall have these rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing.
2. To introduce documentary and physical evidence.
3. To cross examine opposing witnesses on any matter relevant to the issues of the hearing.
4. To impeach any witness regardless of which party first called him to testify.
5. To rebut the evidence against him.
6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
G. Official Notice:
1. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the village or rules and regulations of the board.
2. Parties present at the hearings shall be informed of the matters to be noticed, and these matters shall be noted in the record referred to therein or appended thereto.
3. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or hearing examiner.
4. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing; provided, that: a) notice of such inspection shall be given to the parties before the inspection is made; b) the parties are given an opportunity to be present during the inspection; and c) the board or the hearing examiner shall state, for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. Hearing Before Board: Where a contested case is heard before the board itself, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision.
B. Hearing Before Examiner: If a contested case is heard by a hearing examiner alone, he shall, within a reasonable time (not to exceed ninety (90) days from the date the hearing is closed), submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. All examiner reports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board.
C. Consideration Of Report By Board; Notice: The board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each interested party not less than five (5) days prior to the date fixed, unless it is otherwise stipulated by all of the parties.
D. Exceptions To Report: Not later than two (2) days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision, together with written argument in support of such decision. By leave of the board, any party may present oral argument to the board.
E. Disposition By Board:
1. The board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision.
2. If the proposed decision is not adopted as provided in subsection E1 of this section, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, he shall prepare a report and proposed decision as provided in subsection B of this section after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section.
F. Form Of Decision: The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements with which there shall be compliance. A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested.
G. Effective Date Of Decision: The effective date of the decision shall be as stated therein. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
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