Section 2.72.110   Hearing Procedures .
   All hearings conducted under the Administrative Adjudication System will be conducted by a Hearing Officer in accordance with the following rules and procedures:
   A.   Audio Recording.  A digital or taped audio recording shall be made of every hearing.
   B.   Representation of Parties.  The parties may be represented by counsel, present witnesses, and cross-examine opposing witnesses.
   C.   Subpoenas.  Parties may request the Administrative Hearing Officer to issue, and the Administrative Hearing Officer has the authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents.
   D.   Rules of Evidence Do Not Govern.  The formal and technical rules of evidence do not apply.  Evidence, including hearsay, may be admitted, but only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
   E.   Burden of Proof.  No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a citation of notice of violation notice, or a copy thereof, issued in accordance with this chapter shall be prima facie evidence of the correctness of the facts specified therein.
   F.   Written Determination.  At the end of each hearing, the Administrative Hearing Officer shall issue a written determination of liability or non-liability, or a determination of liability based upon the failure of the defendant to appear at the scheduled hearing, as the case may be.  Upon issuance, the written determination of liability must either be personally delivered to the defendant at the time of hearing, or shall be mailed to the defendant via first class mail, postage prepaid, addressed to the defendant's last known residence or place of business.
   G.   Assessment of Fines, Penalties and Costs. 
      1.   Fines and Penalties.  Pursuant to, and subject to the limitations set forth in, subsection paragraphs 5 and 7 of Section 2.72.050(C) of this chapter, the Administrative Hearing Officer, upon a determination of liability, shall have the discretion to assess fines and penalties in accordance with this Code, assess interest charges for late payments, and order the defendant to undertake corrective actions to remedy the violation.
      2.   Penalty Limitations.  In no event shall the Administrative Hearing Officer have authority to: impose a penalty of incarceration or a fine that exceeds the amounts set by the Village Council as provided in Section 2.72.170 of this chapter.
      3.   Administrative Costs.  In addition, pursuant to, and subject to the limitations set forth in paragraph 6 of Section 2.72.050(C) of this chapter, the Administrative Hearing Officer will assess administrative costs upon finding a defendant liable for the charged violation.
   H.   Fines Exclusive of Costs.  The maximum monetary fine imposed pursuant to the procedures in this Chapter shall be exclusive of administrative costs, the costs of enforcement, interest charges for late payments, and costs incurred by the Village to secure compliance with the Village's Code and ordinances, all of which costs shall be in addition to any fines imposed pursuant to this chapter. The maximum monetary fine also shall not apply to cases to enforce the collection of any tax imposed and collected by the Village.
   I.   Hearing Room Personnel.  Hearing room personnel shall be designated and appointed by the Village's Chief of Police and are authorized and directed to:
      1.   Maintain hearing room decorum;
      2.   Execute such authority as is granted to courtroom deputies of the Circuit Court of Cook County; and
      3.   Perform such other duties or acts as may reasonably be required and as directed by the Administrative Hearing Officer.
(MC-2-2014, Added, 2/18/2014)