Complaints And Enforcement:
A. Written Complaint Required: Any person, firm or corporation aggrieved in any manner by a violation of any provision of Section 3-1-8-2 of this Chapter involving goods and/or services with a value of two hundred dollars ($200.00) or more, or, the Village President, the Village Manager, the Village Clerk or any Village Trustee, if he or she has knowledge of an alleged violation of any provision of Section 3-1-8-2 of this Chapter, involving goods and/or services with a value of two hundred dollars ($200.00) or more, may file a written complaint with the Village Manager. The complaint shall be under oath and shall state the following:
1. The name and address of the complainant.
2. The name and address of the person, persons, firm or corporation against whom the complaint is brought.
3. A brief summary of the facts surrounding the alleged violation of Section 3-1-8-2 of this Chapter.
4. The name and address of all persons believed to have knowledge concerning the alleged violation.
The Village Manager's office shall provide a printed complaint form. No fee shall be charged for filing a complaint.
B. Complaint Filed: After the filing of the complaint, the Village Manager shall, within ten (10) days, do the following:
1. Serve a copy of the complaint personally or by certified mail on the person, persons, firm or corporation charged.
2. Begin discussions with the parties involved.
3. File a preliminary written report with the President and Board of Trustees outlining the discussions and the action taken. Said report shall also include a copy of the complaint.
C. Investigation: The Village Manager shall investigate the complaint, and if he or she determines that probable cause exists in support of the allegations of the complaint, he or she shall set a date for a conference and notify the parties of the time and place thereof. At such conference, the Village Manager shall interview the complainant, the aggrieved party if other than the complainant, and the person, persons, or individuals from the firm or corporation against whom the complaint has been directed, and shall make every effort to resolve the complaint by conciliation. The Village Manager shall keep a log of his or her efforts at conciliation.
D. Hearing Decision: If the Village Manager's efforts at conciliation fail, the Village Manager can either advise the parties to handle the matter through either the court system or through the appropriate administrative agency, or the Village Manager can bring the matter before the President and Board of Trustees. If the Village Manager does not elect to bring the matter before the President and Board of Trustees, he or she shall advise the complainant of the complainant's right to bring the matter before the President and Board of Trustees. In addition, if the Village Manager does not elect to bring the matter before the President and Board of Trustees, the Village President, Village Clerk or any Village Trustee may bring the matter before the President and Board of Trustees. If the matter is brought before the President and Board of Trustees, the President and Board of Trustees shall be provided with copies of the Village Manager's files on the matter, and a recommendation from the Village Manager.
E. Board Determination: If the matter is brought before the President and Board of Trustees, the President and Board of Trustees, by a majority vote, can either:
1. Decide not to proceed further with the matter and refer the complainant to the courts or an appropriate administrative agency if the complainant wishes to proceed further with the complaint.
2. Refer the matter to the Village Prosecutor for prosecution on the appropriate Village court date.
3. Refer the matter to the Consumer Fraud and Deceptive Practices Hearing Board for hearing on the alleged violation of Section 3-1-8-2 of this Chapter.
If the President and Board of Trustees cannot decide upon a course of action by a majority vote, there shall be no further action in regard to the matter by the Village.
F. The Consumer Fraud And Deceptive Practices Hearing Board: The Consumer Fraud and Deceptive Practices Hearing Board shall consist of the Village President and all Trustees currently holding office. Said Consumer Fraud and Deceptive Practices Hearing Board shall meet on an as needed basis to hear consumer fraud and deceptive practice complaints referred to it by the President and Board of Trustees.
G. Hearing By Consumer Fraud And Deceptive Practices Hearing Board: Such hearing shall be conducted upon notice by certified mail to all parties, at least ten (10) days prior to the hearing. The Hearing Board shall provide a court reporter to take a transcript of the hearing. At the hearing, the complainant shall have the burden of proof to prove, by a preponderance of the evidence, that the person, persons, firm or corporation, against whom the complaint has been brought has/have violated Section 3-1-8-2 of this Chapter. All evidence shall be under oath, administered by an officer authorized to administer oaths. All parties may be represented by counsel at their election and shall have the right to call witnesses and to cross examine witnesses. At the close of the hearing, the Hearing Board shall issue written findings of fact.
H. Action By The Hearing Board: At the close of the hearing, the Hearing Board may take any one of the following actions:
1. Resolve the complaint by conciliation;
2. Dismiss the complaint;
3. Refer the matter to the Village Prosecutor for prosecution on the appropriate Village court date;
4. Suspend the business license, permit and/or business regulation certificate of the person, persons, firm or corporation against whom the complaint was brought for a period of not more than twenty one (21) days;
5. Revoke the business license, permit and/or business regulation certificate of the person, persons, firm or corporation against whom the complaint was brought. In the event that the Hearing Board's order is for revocation, said person, persons, firm or corporation shall not be allowed to reapply for a business license, permit and/or business regulation certificate for a period of six (6) months following the revocation. In addition, any decision of the Hearing Board to revoke any business license, permit or business regulation certificate shall be subject to an automatic appeal to the President and Board of Trustees.
I. Limitation Of Time To File Complaints: Any complaint shall be barred from consideration unless it is filed with the Village Manager within six (6) months after the alleged consumer fraud or deceptive practice occurred.
J. Issue Of Subpoenas: The complainant, the person, persons, firm or corporation charged, the Village Manager, or Hearing Board on its own motion, may have subpoenas issued in the name of the Hearing Board for persons to appear at hearings before the Hearing Board and for the examination of documents. Subpoenas shall only be issued to persons or for documents which have a substantial evidentiary connection with a complaint. Service of such subpoenas shall be made in the same manner as in civil actions and shall be enforceable through the Circuit Court of Cook County. (Ord. 86-11-45)