(A) The Chairperson of the County Board, with the advice and consent of the County Board, shall appoint one or more hearing officers to preside over the administrative adjudications of ordinance violations.
(B) The hearing officer shall have all powers and duties enumerated under 55 ILCS 5/5-41005 et seq. However, prior to conducting any administrative adjudication proceedings, a hearing officer may be required to complete a training program approved by the County Board’s Administration Committee.
(C) The following procedures shall apply to all administrative hearings before the administrative hearing officer:
(1) All parties shall be afforded an opportunity to be heard and an opportunity to cross-examine witnesses;
(2) Any attorney appearing on behalf of any respondent shall file a written notice of appearance;
(3) In no event shall the case for the county be made by an employee of the Code Hearing Unit;
(4) The hearing officer may, at his or her discretion, grant continuances upon a finding of good cause;
(5) All testimony given before the hearing officer shall be given under oath or affirmation;
(6) (a) The hearing officer shall hear testimony and accept any evidence relevant to the existence or non-existence of a code violation.
(b) The strict rules of evidence applicable to judicial proceedings shall not apply to hearings before the administrative hearing office. Pursuant to 55 ILCS 5/5-41035, a code enforcement officer’s signed violation notice and report form shall be prima facie evidence of the existence of the code violation described in the form;
(7) No violation may be established except upon proof by a preponderance of the evidence;
(8) The hearing officer may issue subpoenas to secure the attendance and testimony of relevant witnesses pursuant to the provisions of 55 ILCS 5/5-41025;
(9) The record all hearings shall include all documents presented at the hearing, a copy of the notice of the violation or the notice of the hearing and a copy of the hearing officer’s findings, decision, and order;
(10) Any party desiring to record the testimony presented before the hearing officer shall inform the hearing officer of their desire and may do so at the discretion of the hearing officer. The code hearing unit shall not be responsible for providing recording or transcribing services or equipment. Any such services or equipment shall be provided by the requesting party at their own expense, regardless of the outcome of the hearing; and
(11) If, at the time set for hearing, the respondent fails to appear, the hearing officer may proceed with the hearing and accept evidence relevant to the existence of a code violation and make a determination regarding liability. Within 21 days, a respondent who has been found in default may petition the hearing officer to set aside the determination and set a new hearing date on the basis that the failure to appear at the hearing was for good cause.
(Prior Code, § 1-20-3) (Ord. 1999-1006B, passed 10-19-1999)