(A) The permittee or applicant, as the case may be, shall, within ten days after he or she has been notified of an adverse determination, submit a notice of appeal to the Village Clerk. The notice of appeal shall be addressed to the Board of Trustees and shall specify the subject matter of the appeal, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the Board of Trustees, and the name and address of the applicant or permittee. The Clerk shall place the appeal on the agenda of the next regular Board meeting occurring not less than five nor more than thirty days after receipt of the application for Board action.
(B) When an appeal is placed on the Board agenda, the Board may take either of the following actions:
(1) Set a hearing date and instruct the Village Clerk to give such notice as may be required by law.
(2) Appoint a Hearing Officer and fix the time and place for hearing. The Hearing Officer may not be a Village employee, and may be appointed for an extended period of time. The Clerk shall assume responsibility for giving such notice as may be required by law. If a Hearing Officer is appointed, the hearing shall be conducted in accordance with the procedures set out in this section.
(C) Whenever the village has scheduled an appeal before the Village Board of Trustees, at the time and date set thereof, the Board shall receive all relevant testimony and evidence from the permittee or applicant, as the case may be, from interested parties and witnesses, and from village staff. The Village Board of Trustees may sustain, overrule or modify the action of the ICC. The action of the Village Board of Trustees shall be final.
(D) The Hearing Officer, appointed pursuant to the procedure set out in this section or the Village Board of Trustees, may receive and rule on admissibility of evidence, hear testimony under oath and call witnesses as may be deemed advisable.
(E) The Village Board of Trustees and the Hearing Officer shall not be bound by the traditional rules of evidence in hearings conducted under this section.
(F) If a Hearing Officer is appointed to hear an appeal, the Hearing Officer shall, within a reasonable time not to exceed 30 days from the date such hearing is terminated, submit a written report to the Board of Trustees. Such report shall contain a brief summary of the evidence considered and state findings, conclusions, and recommendations. All such reports shall be filed with the Village Clerk and shall be considered public records. A copy of such report shall be forwarded by certified mail to the permittee/appellant the same day it is filed with the Village Clerk, with additional copies furnished to the ICC and the Chief of Police. The Village Clerk shall place the Hearing Officer's report on the agenda of the next regular Board meeting occurring not less than ten days after the report is filed and shall notify the permittee/appellant of the date of such meeting at least ten days prior to the meeting unless the permittee/appellant stipulates to a shorter notice period.
(G) The Village Board of Trustees may adopt or reject the Hearing Officer' s decision in its entirety or may modify the proposed report or recommendation. If the Board does not adopt the Hearing Officer's recommendation, it may:
(1) Refer the matter to the same or another Hearing Officer for a completely new hearing, or for the taking of additional evidence on specific points, in either of such cases the Hearing Officer shall proceed as provided in this section.
(2) Decide the case upon a review of the entire record before the Hearing Officer with or without taking additional evidence.
(H) Any suspension or revocation appealed pursuant to this section shall remain in effect unless reversed pursuant to this section.
(I) If the denial, suspension or revocation is affirmed upon review, the administrative action shall be final and subject to such judicial review as provided for by law.
(Ord. 98-0-011, passed 3-3-98)