If the Village Administrator makes the determination that a hearing should be convened or the applicant requests a hearing, the Village Administrator shall convene a hearing which shall be overseen by a Hearing Officer, appointed by the Village Administrator, as set forth in subsection B of this section, whose power and authority and limitations are as follows:
A. Power Of The Hearing Officer: The Hearing Officer shall have all of the powers granted to him or her under common law relative to the conduct of an administrative hearing including the power to:
1. Preside over the administrative hearing;
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 presented at the administrative hearing;
6. Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing;
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 facts, decision and order.
B. Hearing Officer: The Village Administrator is authorized to appoint a Hearing Officer for each administrative hearing held under this chapter. A Hearing Officer must be an attorney who is licensed to practice law in Illinois. In making the appointment, the Village Administrator must consider the candidate's ability to perform the requirements of a Hearing Officer and his or her knowledge and experience in administrative practice, the rules of evidence, civil procedure, and laws concerning PSEBA and other benefits for public-safety employees.
C. Administrative Hearing: An administrative hearing shall be held, under the guidelines set forth below, to adjudicate and determine whether applicant is eligible for benefits under PSEBA. If applicant is found eligible, the benefits shall be consistent with PSEBA.
1. Time And Date: The Village shall notify applicant of the administrative hearing pursuant to a written notice served upon applicant via U.S. mail, at least ten (10) calendar days prior to the scheduled hearing. Such notice will indicate the date, time and place that the hearing will be held, as established by the Village, along with the name and contact information of the Hearing Officer who will preside at the hearing. If applicant cannot attend said hearing on the date or time as indicated in the notice, applicant must contact the Hearing Officer within seven (7) business days of service of the notice to coordinate an alternative hearing date. Failure to coordinate an alternative date or appear at the scheduled hearing may result in the denial of PSEBA benefits.
2. Record: All hearings shall be attended by a certified court reporter who shall make a transcript of all proceedings.
3. Procedures: The Village, by the Mayor or his or her designee, and applicant shall be parties to the administrative proceedings and each shall be entitled to representation by counsel at the administrative hearing. Each party 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.
4. Evidence: The rules of evidence as set forth in the Illinois Code of Evidence shall apply unless, by such application, the Hearing Officer determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of her or his affairs. Such determination shall be in the sole discretion of the Hearing Officer.
5. Determination: Within ninety (90) days from the conclusion of the administrative hearing, the Hearing Officer shall issue a determination of whether the petitioning applicant is eligible for benefits under PSEBA. This determination shall be in writing and shall include a written finding of facts, decision and order. The determination by the Hearing Officer shall constitute a final administrative determination for the purpose of judicial review under the common law writ of certiorari.
6. Acknowledgment Of Determination: The Hearing Officer's determination shall be presented to the Mayor and Village Council at the next regularly scheduled Village Council meeting (subject to the notice provisions of the Open Meetings Act). At that meeting, the Mayor and Village Council shall:
a. Accept the Hearing Officer's determination, by resolution; or
b. Decide, by motion, to timely appeal the Hearing Officer's determination to the appropriate Circuit Court for judicial review regarding whether or not applicant is eligible and qualified for benefits under PSEBA. Once the court (either the Circuit Court or any subsequent appellate court if the matter is appealed further by either party) makes a final decision regarding whether or not applicant is eligible for benefits under PSEBA, the Mayor and Village Council shall, by resolution, acknowledge and accept the court's final decision.
7. Burden Of Proof: Applicant shall have the obligation and burden of proof to establish that applicant is eligible and qualified to receive PSEBA benefits. The standard of proof in all hearings conducted under this chapter shall be by the preponderance of the evidence.
8. Administrative Records: All records pertaining to the administrative process will be held within the Office of the Village Clerk, in a file in the Public Safety Officer's name, separate from the employee's personnel file. (Ord. O-19-18, 7-9-2018)