(a) A Code Hearing Unit is hereby established in the Village’s Police Department. The Code Hearing Unit shall consist of a Hearing Officer, Compliance Administrator, Computer Operator/System Coordinator, and hearing room personnel (Deputy) with the power, authority and limitation as are hereinafter set forth in this chapter. The Chief of Police of the Village’s Police Department shall serve as Compliance Administrator. In the absence of the Chief of Police, the Acting Police Chief shall serve as Compliance Administrator.
(b) One person may hold and fulfill the requirement of one or more of the above stated positions.
(c) Compensation to be paid for Hearing Officer, Compliance Administrator, Computer Operator/System Coordinator, and hearing room personnel (Deputy) shall be as determined by the Village President and approved by the Board of Trustees.
(1) Hearing Officer.
A. The Hearing Officer shall be employed as an independent contractor of the Village and shall not be considered an employee or officer of the Village.
B. To qualify as the Hearing Officer, an individual must:
1. Be an attorney licensed to practice law in the State of Illinois for at least three years;
2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission;
3. Complete a formal training program consisting of:
a. Instruction on the rules of procedure for administrative hearings;
b. Orientation to each subject area of the ordinances and codes of the Village that are subject to administrative adjudication under the provisions of this chapter or any other ordinance of the Village;
c. Observation of hearings conducted on behalf of the Village and/or in other Illinois municipalities that have adopted the administrative hearing system; and
d. Participation in hypothetical hearings, including ruling on evidence and issuing final orders.
C. The Hearing Officer shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to:
1. Preside over the administrative hearing, established herein, as the adjudicator;
2. Hold conferences for the settlement or simplification of the issues;
3. Administer oaths and affirmations;
4. Hear testimony and accept evidence that is relevant to the allegation of a violation;
5. Issue subpoenas to secure the attendance of witnesses and production of relevant papers or documentation;
6. Provide for the accurate recordation of the administrative adjudication hearing(s);
7. Issue a determination, based on the evidence presented at the hearing, on whether a violation occurred or exists; and
8. Impose penalties consistent with applicable ordinance or code provisions and assess costs upon finding a defendant liable for the charged violation, provided that the Hearing Officer shall not have the authority to impose a penalty of incarceration or a fine in excess of seven hundred-fifty dollars ($750.00).
(2) Compliance Administrator. The Compliance Administrator shall be empowered and is hereby authorized and directed to:
A. Operate and manage the system of administrative adjudication established in this chapter.
B. Adopt, distribute and process violation notices and other notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter.
C. Collect payments made as a result of fines and/or penalties assessed after a final determination of liability;
D. Certify copies of final determinations of violations adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any liability that was issued in accordance with this chapter or the laws of the State of Illinois, as from time to time amended;
E. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created;
F. Collect unpaid fines and penalties by filing complaints in the Circuit Court, or by selecting or appointing an individual or agency to act on behalf of the Village in filing complaints seeking judgments for unpaid fines or penalties, and pursuit of all post-judgment remedies available by current law; and
G. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
(3) System Coordinator/Computer Operator. The System Coordinator/ Computer Operator shall be empowered and is hereby authorized and directed to operate and maintain the computer program(s) for the administrative adjudication system herein established, on a day to day basis, including, but not limited to:
A. Input of violation notice information;
B. Hearing dates and notice dates;
C. Fine and penalty assessments and payment(s);
D. Issue payment receipts;
E. Issue succeeding notices of hearing dates, final determination of liability, notice of impending impoundment, and notice of impending drivers license suspension, as directed by the Compliance Administrator in accordance with the provisions hereinafter set forth; and
F. Keep accurate records of appearances and nonappearances of administrative hearings, pleas entered, and fines and penalties assessed and paid.
(4) Hearing Room Personnel (Deputy).
A. The hearing room personnel (Deputy) position is limited to off-duty, full-time, part-time or auxiliary police officers.
B. The hearing room personnel (Deputy) shall be empowered and is hereby authorized and directed to:
1. Maintain hearing room decorum.
2. Have and execute authority as is granted to courtroom deputies of the Circuit Court.
3. Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer of the Compliance Administrator.
(Ord. 1240. Passed 10-10-05; Ord. 1388. Passed 12-8-08.)