A. Appointment. The Administrative Hearing Office shall be appointed by the Village Manager, as provided in Section 2.34.010 of this code.
B. Qualifications. To qualify as an Administrative Hearing Officer, an individual must:
1. Be an attorney licensed to practice law in the State of Illinois for at least three (3) years;
2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; and
3. Complete a formal training program conducted by the Village Manager and the Village Attorney consisting of:
a. Instruction on the rules of procedure for administrative hearings;
b. Orientation to each subject area of the code that will be adjudicated;
c. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and
d. Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.
C. Authority and Jurisdiction. The Administrative Hearing Officer shall have the duty and authority:
1. To hear testimony and accept evidence that is relevant to the allegation of a violation.
2. To issue subpoenas, upon the request of the parties or their representatives, directing witnesses to appear and give relevant testimony at hearings, as provided in Section 2.72.090.
3. To preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing.
4. To issue a written determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The written determination shall include a written finding of fact, decision and order, including any corrective measures, fines, penalties, and interest charges, or other actions, with which the defendant must comply.
5. Upon finding a defendant liable for the charged violation, to impose penalties consistent with applicable provisions of this code.
6. Impose administrative costs, upon finding a defendant liable for the charged violation. The costs shall be in an amount not less than the minimum amount set by resolution of the Village Council adopted pursuant to Section 2.72.170 of this chapter. Unless otherwise specifically provided in this chapter, the Administrative Hearing Officer shall not have authority to waive, or to impose an amount less than, the minimum amount set by the Village Council.
7. Impose late fees and interest charges if a defendant fails to pay the penalty, fine, or administrative costs set by the Administrative Hearing Officer on the day of the hearing. The late fees and interest charges shall be in an amount not less than the minimum amount set by resolution of the Village Council adopted pursuant to Section 2.72.170 of this chapter. Unless otherwise specifically provided in this chapter, the Administrative Hearing Officer shall not have authority to waive, or to impose interest charges in an amount less than, the minimum interest charges set by the Village Council.
8. Postpone or continue a defendant's Hearing to a later date.
10. Ask questions of parties and witnesses.
11. Order the defendant to perform a term of community service, regardless of fines imposed or costs assessed.
(MC-2-2014, Added, 2/18/2014)