An administrative hearing shall be held to adjudicate and determine whether the subject sworn police department employee is eligible for benefits under the public safety employee benefits act 1 . If the employee is found eligible, the employee benefits shall be consistent with the act.
A. Time And Date: Hearings shall be held on the date, time and place as established by the village with appropriate notice served upon the subject sworn police department employee.
B. Record: All hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by the certified court reporter. The village shall pay for the court reporter's attendance fee and any copy of the transcript desired by the hearing officer and/or the village, but if the subject sworn police department employee desires a copy of the transcript, it must be paid for by the subject sworn police department employee.
C. Procedures: The village and the subject sworn police department employee shall be entitled to representation by counsel at said hearing and may present witnesses, 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 cost of its own counsel and witnesses.
D. Evidence: Insofar as is practical, the rules of evidence as set forth in the Illinois code of civil procedure shall apply, however, the hearing officer is not required to strictly follow the rules of evidence.
E. Final Determination: The determination by the hearing officer of whether the petitioning public safety employee is eligible for the benefits under the public safety employee benefits act 2 shall constitute a final determination for the purpose of judicial review under the common law writ of certiorari. (Ord. 2013-35, 11-25-2013)
Notes
| 1 | 1. 820 ILCS 320/1 et seq. |
| 2 | 2. 820 ILCS 320/1 et seq. |