(A) At least one public hearing shall be held by the Committee no sooner than 90 days but no later than 120 days from the date of the application. The public hearing may be continued from time to time at the request and/or direction of the Committee Chair and/or Hearing Officer.
(B) The Chair of the Committee shall notify the applicant in writing of the date, time, and location of the public hearing at least 21 days prior to such hearing.
(C) The applicant shall cause notice to be given in accordance with § 39.2(d) of the Act, being 415 ILCS 5/39.2(d). The applicant shall file with the County Clerk copies of each notice with proof of service prior to commencement of said public hearing. The notice required in this division (C) is not required for continuations of a public hearing for which notice has been properly made.
(D) Members or representatives of the governing authority of any municipality contiguous to the property boundary of the proposed site and/or the Tri-County Regional Planning Commission may appear at, and participate in, the public hearing as may be permitted by the Hearing Officer.
(E) The Hearing Officer shall preside at the public hearing, and any continuances thereof, and shall make decisions concerning the order of witnesses, the length of time each witness shall be allowed, how many witnesses shall be allowed, the admission of evidence, and the manner in which the hearing is conducted, subject to this chapter. The Hearing Officer shall make all rulings and decisions in accordance with principles of fundamental fairness. No ruling of the Hearing Officer concerning admissibility of evidence or procedural issues at the public hearing shall be appealable to the County Board and/or the Committee.
(F) The public hearing shall develop a record of all evidence and other matters admitted by the Hearing Officer, including the testimony of the applicant and any witnesses whom the applicant may call in support of the application, any representative of the Health Department, county staff and/or consultants retained by the county in support of any reports or other matters submitted by the Health Department, county staff and/or consultants retained by the county, and any objectors or other witnesses having relevant information, subject to the control of the Hearing Officer.
(G) The Hearing Officer shall call the hearing to order and shall allow the applicant to make an opening statement. The Hearing Officer may allow a representative of the Health Department, county staff and/or consultants retained by the county, and/or objectors or their counsel to make an opening statement.
(H) The applicant shall have the burden of proof and the burden of going forward with evidence. If the applicant is a natural person, the applicant may appear at the public hearing on his or her own behalf, or be represented by counsel or agent. If the applicant is not a natural person, the applicant must be represented by counsel. Testimonial evidence introduced by the applicant may not exceed the scope of the application, and may only explain and/or clarify the application, not expend or amend the application.
(I) All persons desiring to present testimony at the public hearing must first submit written notification of said intent to the County Clerk at least two days before the first day of the public hearing. Any reports, studies, exhibits, or other items intended to be utilized or referenced during the testimony shall be filed with the County Clerk at the time written notification is submitted. The Hearing Officer may waive this requirement in order to achieve fundamental fairness.
(J) Any member of the Committee present at the public hearing shall have the ability to question any witness to clarify the record or to bring out relevant information. The hearing office may allow other persons present at the public hearing, including, but not limited to, County Board members, members or representatives of governing bodies of municipalities within one and one-half miles of the property boundary of the proposed site, the applicant or a representative of the applicant (including an attorney representing the applicant), or objectors, to question witnesses to clarify the record or to bring out relevant information, subject to the sole discretion and control of the Hearing Officer. In addition, the Hearing Officer may allow any person present at the public hearing to submit questions in writing to the Hearing Officer for any witness, and the Hearing Officer shall exercise discretion whether such questions shall be posed to the witness and the manner in which the questions are posed.
(K) All witnesses shall testify under oath or affirmation.
(1) Testimony may include the use of prepared statements and exhibits, in which case, the prepared statement must be signed by the witness and must include the following statement.
(2) “Under penalties as provided by law, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief, and as to such matters, the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.”
(L) The Hearing Officer may exercise discretion as to whether and/or when to allow a time for public comment. The hearing office may exclude irrelevant, immaterial, or incompetent or unduly repetitious testimony or other evidence. The hearing office shall rule on all questions relating to the admissibility of evidence. The rules of evidence applicable in civil actions in courts of law shall apply in the public hearing. However, the Hearing Officer shall have the authority to relax the rules of evidence to allow consideration of all relevant evidence, and so as to allow public comments, written statements, and other information provided in the Act and this chapter. Evidentiary rulings of the Hearing Officer shall not be appealable to the County Board.
(M) At the conclusion of the public hearing, and any continuances thereof, the Hearing Officer may permit the applicant, the Health Department, county staff and/or consultants retained by the county, and any other persons to file proposed findings of fact and conclusions. Such findings of fact and conclusions shall be filed with the County Clerk within 30 days of the close of the public hearing, and any continuances thereof.
(N) The siting procedures and criteria provided in the Act and in this chapter shall be the exclusive siting procedures and rules for all PCFs. Local zoning or other land use requirements shall not be applicable to such siting decisions. However, to the extent provided by law, the applicant shall also comply with zoning and other requirements.
(Prior Code, 6 TCC 8-11)