(A) Administrative hearings shall be presided over by Hearing Officers. The powers and duties of a Hearing Officer shall include:
(1) Hearing testimony and accepting evidence that is relevant to the existence of the Code violation or the administrative action under review or appeal;
(2) Issuing subpoenas directing witnesses to appear and give relevant testimony at a hearing, upon the request of the parties or their representatives;
(3) Issuing and signing a determination, based on the evidence presented at the hearing, of whether a Code violation exists, or whether the administrative action under review or appeal should be upheld. The determination shall be in writing and shall include a written finding of fact, decision, and order including any fine, penalty, or action with which the defendant must comply; and
(4) Imposing penalties and fines consistent with applicable Code provisions and assessing applicable costs or fees upon finding a party liable for the charged violation, except, however, that in no event shall the Hearing Officer have authority to (i) impose a penalty of incarceration; or (ii) impose a fine in excess of $50,000; (iii) in cases where a violation has been proven impose a fine in any amount less than $50,000 or such mandatory minimum fine amount prescribed by any provision of the Village Code of Ordinances, including but not limited to the mandatory minimum fines for initial and subsequent violations of certain village ordinances included in Appendix B to this chapter; or (iv) without the consent of the village, reduce or waive any applicable cost of enforcement, cost of compliance, administrative fee or hearing fee to any amount less than the amount established by this chapter or any other applicable provision of the Village Code of Ordinances. The maximum monetary fine amount imposed hereunder shall not be applicable to cases to enforce the collection of any tax imposed (together with applicable interest and penalties thereon) and collected by the village. In addition to the maximum monetary fine, the Hearing Officer may also impose any costs of enforcement, costs imposed to secure compliance with the village's ordinances and the costs of conducting the administrative hearing;
(5) Administering oaths and affirmations to witnesses; and
(6) Such other powers and duties as may be necessary to effectuate the purposes of this chapter and the enforcement thereof.
(B) Prior to their appointment, Hearing Officers shall have successfully completed a formal training program which includes the following:
(1) Instruction on the rules of procedure of the administrative hearing which they will conduct;
(2) Orientation to each subject area of the Code violations that they will adjudicate;
(3) Observation of administrative hearings; and
(4) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(C) The Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
(Ord. 17-1382, passed 6-21-17; Am. Ord. 19-1570, passed 5-15-19)