§ 38-186. Administrative hearings.

An administrative hearing to adjudicate any alleged standing or parking violation under article VI of this chapter on its merits shall:

(1)

Be granted to the registered owner of the cited vehicle or to the lessee of the cited vehicle pursuant to section 11-1306 (625 ILCS 5/11-1306) of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) as and when the name and address of the lessee is provided to the village by the lessor.

(2)

Be at the date, time and place as is set forth in the standing or parking violation notice issued and served, or such additional notice as is issued in accordance with this article. If any violator fails to appear or otherwise contest the violation on its merits at an initial administrative hearing, a second hearing date shall be made available and any failure to appear or submit a notarized statement of facts by the second scheduled hearing date shall result in a determination of liability. Any such second hearing date shall be scheduled approximately one month after the initial administrative hearing date specified in the standing or parking violation notice.

(3)

Be conducted in such manner that the hearing officer is empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and records.

(4)

Be recorded.

(5)

Culminate in a determination of liability or nonliability made by the hearing officer, upon the testimony of the violator or any notarized statement of facts submitted by a nonresident and the facts contained in the standing or parking violation notice or other evidence without the application of the formal or technical rules of evidence; the hearing officer shall also, upon any such determination of liability, assess a fine and penalty in accordance with this article; and notice of such determination, including the type and penalty assessed, if any, shall be personally made and announced at such hearing or reduced to writing and sent by first-class mail upon any nonresident who has waived his right to appear, with such service by mail being complete on the date such notice is deposited in the U.S. mail.

(6)

Allow any person electing to contest the violation on its merits to be represented by counsel at his own expense.

(7)

Be subject to review as is hereinafter set forth in this article.

(Code 1977, § 25.7.5; Ord. No. 1744, 8-8-2000)