A. Appointment of Hearing Officer: The Village Administrator is hereby authorized to appoint one or more persons to hold the position of Administrative Hearing Officer for any village PSEBA administrative hearing. In making this selection, the Village Administrator shall consider all of the pertinent information, including at a minimum:
1. The candidate's ability to completely perform the services;
2. The candidate's background, service and performance data on file with the village or otherwise obtained by the village; and
3. The candidate shall:
a. be an attorney licensed to practice law in the state of Illinois for at least three years prior to appointment or an arbitrator who is a member of the National Academy of Arbitrators; and
b. have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence, PSEBA and administrative practice.
B. Power of the Hearing Officer: The Hearing Officer shall have all the powers granted under common law relative to the conduct of an administrative hearing, including the power to:
1. Preside over PSEBA hearing(s);
2. Administer oaths;
3. Provide official written notice via certified mail to the applicant and/or his representative of the scheduling of a fact-finding hearing; the notice will provide the date, time and location of such hearing;
4. Arrange for a court reporter, who will be responsible for transcribing the contents of the fact-finding hearing;
5. Rule on motions to intervene from interested parties;
6. Inquire into all matters related to the applicant's entitlement to PSEBA benefits;
7. Regulate all facets of the fact-finding hearing, including the conduct of any parties and/or their counsel, the length of the hearing and the number of witnesses;
8. Receive relevant evidence in the form of testimony, exhibits or stipulations. Insofar as practicable, the Hearing Officer will apply the rules of evidence applicable in Illinois courts. However, the Hearing Officer is not required to strictly follow the rules of evidence. Testimonial evidence shall be taken only on oath or affirmation;
9. Establish reasonable limits on the frequency and duration of the testimony of any witness;
10. Examine witnesses and direct witnesses to testify;
11. Rule on objections, motions and questions of procedure;
12. Authorize the submission of post-hearing briefs and set the time for their filing;
13. Hear closing arguments; and
14. Issue written factual findings and a decision based on: each element required under the Act to establish the applicant's qualifications, the evidence presented at the hearing, the law, and after entertaining (oral or written) arguments as directed by the Administrative Hearing Officer. (Ord. 2020-20, 9-22-2020; amd. Ord. 2022-49, 8-23-2022)