The administrative hearing shall be scheduled and conducted by a Hearing Officer whose authority and limitations are as follows:
(A) Authority of the Hearing Officer. The Hearing Officer shall have all of the authorities granted to her or him under common law relative to the conduct of an administrative hearing, including the authority to:
(1) Preside over city hearings involving PSEBA;
(2) Administer oaths;
(3) Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA;
(4) Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives;
(5) Rule upon objections in the admissibility of evidence;
(6) Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; and
(7) Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order.
(B) Hearing Officer. The Mayor, with the advice and consent of the City Council, is hereby authorized to appoint a person to hold the position of Hearing Officer for each hearing on PSEBA benefits that shall come before this city. In making the selection, the following information should be considered, at a minimum:
(1) The individual's ability to comply with the job description as set forth herein; and
(2) The individual must be an attorney licensed to practice law in the State of Illinois and have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence, and administrative practice.
(Ord. 1026, passed 3-18-19; Am. Ord. 1061, passed 4-5-21; Am. Ord. 1081, passed 3-7-22)