The following rules shall govern the conduct of all hearings.
(A) The provisions of the "Civil Practice Act" do not apply to the hearings.
(B) All hearings shall be conducted in accordance with the Open Meetings Act.
(C) All parties to the hearing may be represented by counsel;
(D) All proceedings shall be recorded by a court reporter to be employed by the village. The record of the proceeding will not be transcribed unless so requested by the village or the respondent. The party ordering the transcription shall be responsible for the cost thereof.
(E) All witnesses shall be sworn prior to testifying and the matter will be decided solely on the evidence presented at the hearing.
(F) The party initiating the proceeding shall have the burden of proof to establish by a preponderance of evidence that cause exists for the suspension or revocation of the respondent's license or registration.
(G) The Village Administrator or his designee shall serve as the hearing officer. It shall be the duty of the hearing officer to conduct the hearing and consider all relevant evidence adduced at the hearing. Following the conclusion of the hearing, the hearing officer shall prepare, in writing, findings of facts and recommendations which shall be forwarded to the Village Board. Thereafter, the Village Board shall take a vote relative to the suspension or revocation of the respondent's license or registration. However prior to taking any vote, the Village Board may reopen the hearing for the purpose of taking additional evidence or clarifying evidence previously introduced.
(H) The hearing officer will first hear the witnesses and evidence substantiating the charges which have been made against the respondent. Thereafter, the respondent may present and examine those witnesses whom he desires the hearing officer to hear.
(I) All parties shall have the right to cross- examine witnesses presented by the opposite party. The testimony of any witness who is not made available for cross-examination may be stricken at the discretion of the hearing officer.
(Ord. 90-37, passed 6-27-90)