The administrative hearing shall be scheduled and conducted by a hearing officer whose authority and limitations are as follows:
(A) Authority of the hearing officer. The hearing officer shall have all of the authorities granted to her or him under common law relative to the conduct of an administrative hearing, including the authority to:
(1) Preside over village hearings involving eligibility for benefits under the Act;
(2) Administer oaths;
(3) Hear testimony and accept evidence that is relevant to the issue of eligibility under the Act;
(4) Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives;
(5) Rule upon objections in the admissibility of evidence;
(6) Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; and
(7) Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order.
(B) Hearing officer. The Village President, with the advice and consent of the Village Board of Trustees, is hereby authorized to appoint a person to hold the position of hearing officer for each hearing on benefits under the Act for which application has been filed with the village. In making said selection, the following information should be considered, at a minimum:
(1) The individual's ability to comply with the job description as set forth herein;
(2) The individual must be an attorney licensed to practice law in the State of Illinois for at least three years and have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence, and administrative practice; and
(3) Prior to their appointment, hearing officers shall have successfully completed a formal training program which includes the following:
(a) Instruction on the rules of procedure of the administrative hearing which they will conduct;
(b) Orientation to the Act and matters involving benefit eligibility comparable to those they will be called upon to adjudicate;
(c) Observation of administrative hearings; and
(d) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(C) Late fee for residential rental license. In addition to the fees otherwise required by this Code for the issuance of a residential rental license under § 156.04 of this Code, a late fee of $25 shall be charged to any licensee for the issuance of a residential rental license for a given calendar year where such license is issued after January 1 of the calendar year for which such license is required.
Any hearing officer appointed to hear and adjudicate matters under Chapter 42A shall also conduct the hearings contemplated by this chapter to determine eligibility for benefits under the Act.
(Ord. 18-1491, passed 7-18-18; Am. Ord. 19-1566, passed 5-1-19)