A. A code hearing division is hereby established with the authority to oversee the local adjudication process in the Village as herein provided and shall consist of a hearing officer, administrator, and may include a computer operator/systems coordinator and hearing room personnel.
B. Hearing Officer. Adjudicatory hearings shall be presided over by a hearing officer. The powers and duties of the hearing officer shall include the authority to:
1. Preside over adjudicatory hearings and hear testimony and accept evidence that is relevant to the existence of the code violations;
2. Administer oaths;
3. Upon written request of the parties or their representatives, issue subpoenas and direct witnesses to appear and give testimony at the hearings;
4. Rule upon objections and the admissibility of evidence;
5. Preserve and authenticate the record, including the exhibits and evidence introduced at hearings;
6. Weigh the evidence presented at hearings based on relevancy and competence, determine the credibility of witnesses, and resolve conflicts in testimony;
7. Make ultimate findings and determinations based on the relevant and competent evidence presented at a hearing of whether a code violation exists and determine the validity of any notice of impending driver’s license suspensions; and
8. The determination of the hearing officer shall be in writing and shall include a written finding of fact, decision, and order, including any fine, costs, penalty or other action with which the defendant must comply should the defendant be found liable.
C. Administrator. The administrator is authorized and directed to:
1. Operate and manage this system of adjudicatory hearings;
2. Adopt, distribute, and process code violation notices and other notices as may be required to carry out the purpose of this chapter;
3. Collect and process monies paid after a final determination of a code violation;
4. Promulgate internal rules and regulations reasonably required to operate and maintain this administrative hearing system;
5. Certify copies of final determinations of standing and/or parking regulation violation liability, vehicle compliance violation, vehicle sticker violation or any other ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter or the laws of the state, including 625 ILCS 5/11-208.3, as from time to time amended;
6. Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter and those of 625 ILCS 5/6- 306.5; and
7. Collect unpaid fines and/or penalties and otherwise pursue all post judgment remedies available under law, including compromising and settling violation notices prior to a hearing date which shall be approved by the hearing officer.
8. The administrator shall also be the traffic compliance administrator as provided in 625 ILCS 5/11-208.3.
D. System Coordinator/Computer Operator. The system coordinator/computer operator shall operate and maintain computer programs for the local adjudication created hereunder, on a day-to-day basis, including, but not limited to:
1. Input of violation notice information;
2. Input of hearing and notice dates;
3. Input of fine, costs, and penalty assessments and payments;
4. Issuance of receipts for payment;
5. Issuance of succeeding notices of hearing dates or court dates, issuing notice of a final determination of liability, issuing notice of impending driver’s license suspension, as directed by the administrator or by the hearing officer in accordance with the provisions hereinafter set forth; and
6. Maintaining accurate records of appearances and nonappearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
E. Hearing Room Personnel. Hearing room personnel shall be qualified off-duty, full-time, part-time, or auxiliary police officers who are authorized and directed to:
1. Maintain hearing room decorum;
2. Exercise authority consistent with those powers granted to courtroom deputies of the circuit court; and
3. Perform such other duties or acts as may reasonably be required and as directed by the hearing officer or administrator.
F. Selection and Appointment of Personnel. The persons who shall hold the positions of hearing officer, administrator, computer operator/systems coordinator, and hearing room personnel under this chapter shall be selected and appointed according to the following procedures:
1. Hearing Officer Appointment. The hearing officer shall be appointed by the East Dubuque City Mayor with the consent of the Board and shall serve pursuant to the terms set forth in an approved agreement. The hearing officer shall be an attorney licensed to practice law in the State of Illinois for at least three years and must successfully complete a formal training program, which instructions on rules of procedure of the administrative hearings that will be conducted, orientation to each subject area of the code violations that will be adjudicated, observation of similar administrative hearings, and participation in hypothetical cases, including ruling on evidence and issuing final orders.
2. Administrator, System Coordinator, and Hearing Room Personnel. The Village President shall assign the duties of administrator, system coordinator, and hearing room personnel to Village employees. (Ord. 2021-002, 10-25-2021)