(55 ILCS 5/5-12015) (from Ch. 34, par. 5-12015)
Sec. 5-12015.
Hearing officer; duties.
Notwithstanding anything to
the contrary provided for in this Division:
(A) The county board of each county may by resolution or ordinance establish
the position of hearing officer and delegate to a hearing officer the authority
to conduct any public hearing otherwise required to be heard in accordance
with this Division by the board of appeals. When a hearing
officer is designated by the county board to conduct any such hearing: (i)
notice of hearing shall be given in the same time and manner and the
hearing shall be conducted in the same location provided by this
Division for the giving of such notice and for the location of
such hearing when any such hearing is conducted by the board of appeals;
(ii) the hearing officer in acting upon any matter otherwise within the
jurisdiction of the board of appeals shall be governed by the same
standards and shall exercise and perform all of the powers and duties of
the board of appeals in the same manner and to the same effect as provided
in this Division with respect to the board of appeals
provided that:
1. When the hearing officer is acting upon an application or petition
to amend the regulations imposed or the districts created under the authority
of this Division and such amendment is to be made by ordinance
or resolution, the hearing officer shall render a written recommendation to
the county board within such time and in such manner and form as the county
board shall require;
2. When the hearing officer is acting upon an application or petition
for a variation and the regulations by this Division authorized
provide that the county board by ordinance or resolution may determine and
vary the application of such regulations as set forth in this Division,
then upon report of the hearing officer the county board may by
ordinance or resolution without further public hearing adopt any proposed
variation or may refer it back to the hearing officer for further
consideration, and any proposed variation which fails to receive the
approval of the hearing officer shall not be passed except by the favorable
vote of 3/4 of all members of the county board, but in counties in which
the county board consists of 3 members only a 2/3 vote is required;
3. When the hearing officer is acting upon an application or petition
for a variation and the regulations by this Division
authorized do not provide that the county board by ordinance or resolution
may determine and vary the application of such regulations as set forth in
this Division, or when the hearing officer is acting upon any
matter otherwise within the jurisdiction of the board of appeals under
Sections 5-12011 and 5-12012 other than a
matter referred to in paragraphs 1 and 2 above of this subsection (A), the
determination made by the hearing officer with respect to any such
variation or matter shall constitute a final administrative decision which
is subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended.
(B) The county board may provide general or specific regulations
implementing but not inconsistent with the provisions of this Section,
including regulations relative to the time and manner in which hearing
officers are designated to conduct public hearings and regulations
governing the manner in which such hearings are conducted and matters heard
therein passed upon and determined.
(C) Hearing officers shall be appointed on the basis of training and
experience which qualifies them to conduct hearings, make recommendations
or findings of fact and conclusions on the matters heard and otherwise
exercise and perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive such
compensation as the county board shall provide, and the county board may
establish a schedule of fees to defray the costs of providing a hearing
officer.
(D) This Section is intended to furnish an alternative or supplemental
procedure which a county board in its discretion may provide for hearing,
determining, reviewing and deciding matters which arise under any ordinance,
resolution or regulation adopted pursuant to this Division, but
nothing in this Section shall be deemed to limit or prevent the use of any
existing procedure available pursuant to this Division for
hearing, approving or denying applications or petitions for a variation,
amendment or other revision of any such ordinance, resolution or
regulation, or for hearing and deciding appeals from and reviewing any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of any such ordinance, resolution
or regulation.
(Source: P.A. 86-962.)
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