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(A) An administrative hearing shall be held to adjudicate and determine whether the applicant is eligible for benefits under PSEBA. If the applicant is found eligible, the benefits shall be consistent with the Act.
1. Time And Date: Hearings shall be held on the date, time and place as established by the Village with appropriate notice served upon the applicant.
2. Record: The applicant, at applicant's expense, shall ensure that all hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter and a copy be provided to the Village at applicant's expense within fourteen (14) days of the date of the PSEBA hearing.
3. Procedures: The Village and the applicant shall be entitled to representation by counsel at said hearing and may present witnesses, may present testimony and documents, may cross examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents. Each party shall bear the costs of its own counsel and witnesses.
4. Evidence: Insofar as is practical, the rules of evidence as set forth in the Illinois Code of Evidence shall apply.
5. Final Determination: The determination by the Hearing Officer of whether the applicant is eligible for the benefits under the Public Safety Employee Benefits Act 1 shall constitute a final administrative determination for the purpose of judicial review.
6. Burden Of Proof: At any administrative hearing, the applicant shall have the obligation and burden of proof to establish that the applicant is qualified to receive the benefits.
7. Administrative Records: All records pertaining to the administrative process will be held in a separate file in the employee's name maintained by the Village. (Ord. 17-3, 2-23-2017)
1. 820 ILCS 320/1 et seq.