(a) All hearings conducted under the Administrative Hearing System shall be conducted by the Hearing Officer and shall be conducted in accordance with the following rules and procedures:
(1) The parties may be represented by counsel at their own expense and present witnesses.
(2) The Hearing Officer may grant continuances upon a finding of good cause.
(3) The Hearing Officer may find a defendant in default if the defendant or defendant’s attorney fails to appear at the scheduled hearing date. The Hearing Officer may proceed with the hearing in such instances.
(4) All testimony shall be given under oath or affirmation.
(5) Parties may request the Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents.
(6) The formal and technical rules of evidence shall not apply. Evidence, including hearsay evidence, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(7) Each hearing shall culminate in a determination of liability or non-liability by the Hearing Officer or a determination of liability based upon the failure of the defendant or respondent to appear at the hearing. The Hearing Officer’s determination shall be in writing and shall include the following:
A. The findings of fact;
B. A decision of whether or not a code violation exists based upon the findings of fact; and
C. An order that states the sanction or dismisses the case if a violation is not proved.
(8) The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with the fine and penalty that is applicable under the codes and ordinances of the Village. However, the Hearing Officer shall not impose a penalty of incarceration or a fine in excess of seven hundred- fifty dollars ($750.00);
(9) A copy of the findings, decision, and order shall be served on the defendant within five days after it is issued by first class mail; and
(10) Each hearing shall be tape recorded.
(Ord. 1240. Passed 10-10-05.)