A. All hearings of the public body shall be subject to the Illinois open meetings act.
B. The chair may impose reasonable limitations on evidence or testimony presented by persons and parties, such as time limits and barring repetitious, irrelevant or immaterial testimony. Time limits, if imposed, shall be fair, and equally administered. The public body shall not be bound by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible. The chair shall rule on all questions related to the admissibility of evidence, which ruling may be overruled by a majority of at least a quorum of the public body. The chair may impose reasonable conditions on the hearing process based on the following factors:
1. The complexity of the issue.
2. Whether the witness possesses special expertise.
3. Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact.
4. The degree to which the witness's testimony relates to the factors to be considered in approving or denying the proposal.
5. Such other factors appropriate for the hearing.
C. The chair may take such actions as are required to maintain an orderly and civil hearing.
D. Proof of lawful notice shall be introduced into evidence before the public body.
E. A record of proceedings shall be made as directed by the public body.
F. At a public hearing, a petitioner may appear on his or her own behalf or may be represented by an attorney.
G. The municipality shall be a party in every proceeding, and need not appear.
H. In addition to the petitioner, any person may appear and participate at the hearing.
I. People participating shall identify themselves for the record, either orally or in writing, and indicate if an attorney represents them. Any person participating, other than the petitioner, shall be referred to in these rules as interested persons.
J. The examination of a witness shall not be used by the questioner to offer testimony or evidence of the questioner.
K. All persons offering testimony at a hearing shall testify under oath. An attorney shall be sworn if he or she offers testimony but not if he or she is questioning witnesses, summarizing testimony of witnesses, or addressing the public body.
L. The order of presentation of evidence at a public hearing shall generally be as follows, but may be modified as determined appropriate by the chair:
1. Identification of petitioner and interested persons.
2. Submittal of proof of notice.
3. Testimony and other evidence by petitioner.
4. Public body examination of petitioner's witnesses and other evidence.
5. Cross examination of petitioner's witnesses and other evidence by interested persons.
6. Testimony and other evidence by interested persons.
7. Public body examination of interested persons' witnesses and other evidence.
8. Cross examination of interested persons' witnesses and other evidence by petitioner.
9. In some cases reexamination may be allowed.
10. Report by staff, if any.
11. Summary/closing by petitioner.
12. Summary/closing by interested persons.
13. Rebuttal/closing by petitioner.
M. At the conclusion of an evidentiary portion of the public hearing, the public body may, among other actions, move to deliberate its decision on the evidence presented, or continue the hearing to a date, time and location certain.
N. A written decision shall be prepared which shall include findings of fact and the public body's recommendation or decision based upon the record.
O. These rules for public hearing may be amended by a vote of a majority of the public body. (Ord. 2003.31, 7-7-2003)