The system of administrative adjudication of vehicular regulation violations shall be composed of a Hearing Officer, System Coordinator/Computer Operator and Hearing Room Personnel (Deputy), with the power, authority and limitations as are hereinafter set forth:
(A) Hearing Officer Duties. A Hearing Officer shall have all of the powers granted to hearing officers under State law, set forth at ILCS Ch. 65, Act 5, § 1-2.1-4, the provisions of which are incorporated herein by this reference including, but not limited to, the power to:
(1) Preside over all administrative hearings as the adjudicator.
(2) Administer oaths. It shall be the duty of each respondent and witness to rise and take the oath when called to do so by the Hearing Officer. Any person who addresses the Hearing Officer to present evidence shall be deemed to have taken the oath to be truthful and may be punished for not doing so, as provided by law.
(3) Hear testimony and accept evidence that is relevant to the citation. Ask questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record.
(4) Issue subpoenas to secure the attendance of witnesses and production of relevant papers or documents. A party issuing a subpoena shall include witness fees at the same rate as for a circuit court subpoena.
(5) Assess fines and penalties for the violation of vehicular regulations as are established in § 71.52 hereof.
(6) Rule upon objections and the admissibility of evidence.
(7) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing.
(8) Regulate the course of the hearing in accordance with this Chapter, the rules adopted by the Village for the conduct of administrative hearings, and other applicable law.
(9) Make final determinations of:
(a) Vehicular regulation violation liability.
(b) Validity of notices of impending driver's license suspension.
(10) Issue certified notices to the Chief of Police regarding the immobilization of vehicles whose owners have received 3 or more final determinations of liability which remain unpaid.
(11) Order the removal and/or default of persons whose conduct is disruptive to the hearing process.
(12) Request that the Village Prosecutor, Corporation Counsel, or other attorney representing the Village attend to formally prosecute particular citations. In such a case, the Hearing Officer shall establish the order of proof. However, the citation shall remain prima facie evidence of the offense as provided in this section.
(13) Be qualified as provided in § 37.04 of the New Millennium Code.
(B) System Coordinator/Computer Operator Duties. Is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system hereby created, on a day to day basis, including but not limited to:
(1) Input of violation notice information.
(2) Input of hearing dates and notice dates.
(3) Input of fine and penalty assessments and payments.
(4) Issue payment receipts.
(5) Issue succeeding notices of hearing dates and/or final determinations of liability or notices of impending driver's license suspensions, as directed by the Village in accordance with the provisions hereinafter set forth.
(6) Issue certified notices to the Secretary of State and Chief of Police regarding persons who have received 10 or more final determinations of liability which remain unpaid.
(7) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
(C) Hearing Room Personnel Duties. Shall be limited to full-time, part-time or auxiliary police officers and are hereby authorized and directed to:
(1) Maintain hearing room decorum.
(2) Have and execute authority as is granted to courtroom deputies of the Circuit Court.
(3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer.
(D) Selection and Appointment of Personnel. The persons who shall hold the positions of Hearing Officer, Systems Coordinator/Computer Operator, and Hearing Room Personnel under this section shall be selected, and appointed according to the following procedures:
(1) The President is hereby authorized to appoint person(s) to hold the position of Hearing Officer.
(2) The Village Manager shall assign the duties of System Coordinator/Computer Operator and Hearing Room Personnel to Village employees.
(Ord. 10-2770, passed 4-13-10; Am. Ord. 10-2786, passed 8-24-10)