Rules of Procedures for Public Hearings
(Klaeren)
Section 1 Open Meetings Act
All hearings shall be subject to the Illinois Open Meetings Act.
Section 2 Registration of Public Participants
Anyone who wishes to testify in a public hearing must sign-in at
the public hearing. There will be one sign-up sheet available:
Those wishing to testify in favor of the proposal. Each
individual shall have five minutes to present his/her testimony.
Those wishing to testify in opposition of the proposal. Each
individual shall have five minutes to present his/her testimony.
Those wishing to testify neither in favor or opposition to the
proposal. Each individual shall have five minutes to present
his/her testimony.
If a person is unable to complete his/her testimony in five
minutes, he/she may submit testimony in written form or, if time
allows and at the discretion of the Chairperson, may present it
orally (in five minute increments) after others have had an
opportunity to testify.
Those property owners within the 250 foot notice area and those
persons with a special interest beyond that of the general public
("Interested Parties") wishing to cross-examine witnesses must
complete and file an appearance with the City Clerk not later than
5:00 p.m. on the business day preceding the public hearing.
Section 3 Limitations on Evidence or Testimony
The Chairperson may impose reasonable limitations on evidence or
testimony presented by persons and parties, such as additional time
limits and barring repetitious, irrelevant or immaterial testimony.
The Commission shall not be bound by strict rules of evidence;
however, irrelevant, immaterial, or unduly repetitious evidence
shall not be admissible. The Chairperson shall rule on all questions
related to the admissibility or materiality of evidence which ruling
may be overruled by a majority of the Commission members present.
The Chairperson may impose reasonable conditions on the hearing
process based on the following factors:
The complexity of the issue;
Whether the witness possesses special expertise;
Whether the testimony reflects a matter of taste or personal
opinion or concerns a disputed issue of fact;
The degree to which the witness’s testimony relates to the
factors to be considered in approving or denying the proposal; and
Such other factors appropriate for the hearing.
Section 4 Pre-hearing Consultation
The Chairperson and the Commission may conduct a pre-hearing
consultation (lasting approximately the first fifteen minutes of the
public hearing) with the applicant, interested parties, and all
other in attendance, to discuss the conduct of the hearing and to
determine the length of the proceedings.
Section 5 Hearing Conduct
The Chairperson may take such actions as are required to maintain
an orderly and civil hearing. Discourtesy or disorderly conduct
shall be deemed a breach of order, and such misconduct shall be
dealt with as appropriate.
Section 6 Proof of Notice
Proof of lawful notice shall be introduced into evidence before a
public body.
Section 7 Record of Proceedings
A record of proceedings shall be made as directed by the public
body.
Section 8 Applicant Appearance
At a public hearing, an applicant may appear on his or her own
behalf or may be represented by an attorney.
Section 9 City Participation
The City shall be a party in every proceeding, and need not
appear.
Section 10 Testimony under Oath
All persons offering testimony at a hearing shall testify under
oath. An attorney shall be sworn if he or she offers testimony but
not if he or she is questioning witnesses, summarizing testimony of
witnesses, or addressing the Commission.
Section 11 Testimony by Others
In addition to the applicant, any person may appear and present
testimony at the hearing.
Section 12 Identification of Participants
People participating shall identify themselves for the record,
giving their name and address, either orally or in writing, and
indicate if an attorney represents them.
Section 13 Questioner Limitation
The examination of a witness shall not be used by the questioner
to offer testimony or evidence of the questioner.
Section 14 Order of Presentation
The order of presentation of evidence at a public hearing shall
generally be as follows, but may be modified as determined
appropriate by the Chairperson:
I dentification of applicant.
Statement of the Chairman or designee regarding
the nature of the case, relief sought, and submittal of proof of
notice.
Testimony and other evidence by the applicant.
Commissioner’s examination of applicant’s
witnesses and other evidence.
Cross-examination of applicant’s witnesses and
other evidence by interested persons who have filed a timely
appearance with the City Clerk.
Testimony and other evidence by others in favor
of the application.
Testimony and other evidence by objectors, if
any.
Commissioner’s examination of objectors’
witnesses and other evidence.
Cross-examination of objectors’ witnesses and
other evidence by the applicant.
In some cases re-examination may be allowed.
Testimony and other evidence by persons who are
neither in favor nor opposed to the application.
Report by staff, if any.
Summary/Closing by applicant.
Summary/Closing by objectors.
Rebuttal/Closing by applicant.
Rebuttal/Closing by objectors.
At any point in the proceedings, the Commissioners may call upon
witnesses who have not previously testified, such as City staff and
City consultants. The Commissioners or staff may ask questions at
any time during the hearing.
Section 15 Commissioner Deliberations
At the conclusion of an evidentiary portion of the public
hearing, the Commission may, among other actions, move to deliberate
on the evidence presented, or continue the hearing to a date time
and location certain.
Section 16 Commission Recommendations
A written decision shall be prepared which shall include finding
of fact and the Commissioner’s recommendation or decision based upon
the record.
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