A. The administrative hearing shall be held to adjudicate and determine whether the applicant is eligible for PSEBA benefits consistent with the Act and this Ordinance and as follows:
1. Time and Date: Hearing shall be held on the date, time and place established by the Administrative Hearing Officer with appropriate notice served upon the applicant. The Administrative Hearing Officer may decide that the failure of the applicant to attend a scheduled hearing may result in forfeiture of benefits.
2. Hearing Transcription: The village shall secure the attendance of a certified court reporter to make a transcript of all hearings. The village and the applicant shall split equally the cost of the court reporter's appearance fee and the cost of one transcript for the hearing officer. If the village or the applicant requests their own copies of the transcript, they shall bear the entire cost of their own copies.
Normally, the transcript shall be prepared based on the court reporter's standard, non-expedited time schedule. If one party requests an expedited transcript, that party shall bear the entire amount of the increased cost for the expedited transcripts, including the extra cost of any and all copies of the expedited transcripts.
3. Procedures: The village and the applicant shall be entitled to representation by counsel at said hearing and may present witnesses, testimony and documents, cross-examine witnesses, and request the issuance of subpoenas to compel appearances of witnesses and the production of relevant documents. Each party shall bear its own costs of counsel and witnesses.
4. Evidence: The Illinois Rules of Evidence shall apply to the extent practicable unless the Administrative Hearing Officer determines that application of a 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 their affairs. Such determination shall be in the sole discretion of the Administrative Hearing Officer, but the Administrative Hearing Officer shall state on the record the reason for that determination.
5. Burden of Proof: The applicant shall have the burden of proceeding and the burden of proof to establish that the applicant and Applicant's Beneficiaries are qualified to receive PSEBA benefits.
6. The determination of the applicant's eligibility for PSEBA benefits shall constitute a final administrative determination for purposes of judicial review.
7. Administrative Records: All records pertaining to the administrative process will be held in a separate file in the employee's name in the village's Human Resources Department. (Ord. 2020-20, 9-22-2020)