A. All administrative hearings conducted by an administrative hearing officer are open to the public and shall be presided over by a duly appointed administrative hearing officer who is charged with providing the parties a full and fair opportunity to be heard.
B. All administrative hearings shall be conducted on the date set for hearing, however, for good cause shown, a continuance may be granted at the discretion of the administrative hearing officer. The purpose of administrative hearings is to provide a prompt resolution of alleged Code violations. Accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than two months or twice per case, unless good cause is shown.
C. The administrative hearing officer may issue subpoenas.
D. The formal and technical rules of evidence do not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
E. The administrative hearing officer shall permit persons to contest the merits of an alleged violation subject to the administrative adjudication procedures of this chapter without attending a hearing. Any person, who wishes to contest a vehicular violation, must file a notarized statement of facts specifying grounds for contesting the violation notice, which must be filed with the Office of administrative hearings, postmarked within ten days of the issuance of the notice of violation. The request shall be deemed filed, if postmarked by such due date. The submission of a notarized statement of facts is a waiver of the person's right to a personal appearance and the administrative hearing officer will make his/her decision based upon the notarized statement of facts submitted by the person and the facts contained in the notice of violation(s).
F. No violation may be established except upon proof by a preponderance of the evidence. However, the original or a legible copy of the charging document, issued in accordance with the applicable provisions of this Code, shall be prima facie evidence of the correctness of the facts specified in the document.
G. The administrative hearings supervisor shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means. The record of all hearings before an administrative hearing officer shall include a copy of the findings, decision, and order of the administrative hearing officer's final determination.
H. At the conclusion of a hearing, the administrative hearing officer shall issue his/her final determination. If the administrative hearing officer issues a final determination of liability, he or she may impose fines, assess costs, and make orders as are consistent with this chapter and the specific Code provision(s) found to have been violated.
I. At the conclusion of the hearing, the administrative hearing officer shall inform the parties orally and in writing of his determination. Such determination shall constitute a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act. Based on the charging document and the evidence admitted, the administrative hearing officer may issue the following determinations: liable, not liable, or liable upon a plea of no contest. The administrative hearing officer also may dismiss the case with or without prejudice or grant a properly made motion by the village to voluntarily dismiss the case. (Ord. 23-2060, 1-24-2023)