(a) Administrative hearing. If the village manager does not determine that the applicant is eligible for PSEBA benefits, an administrative hearing shall be held pursuant to this section to determine whether the applicant is eligible for benefits under PSEBA.
(b) Hearing officer appointment. The village president with the consent of the board of trustees shall appoint a person to hold the position of administrative hearing officer (“hearing officer”) for the purpose of considering applications for PSEBA benefits. In appointing the hearing officer, the village president shall consider the following information, at a minimum:
(1) The candidate’s ability to comply with the roles and duties of the administrative hearing officer;
(2) Experience concerning adjudication of administrative hearings, including experience determining eligibility for PSEBA or similar benefits;
(3) Background and references;
(4) The candidate must be an attorney licensed to practice law in the State of Illinois for at least three years and have knowledge and experience in municipal law, employment and labor law (including PSEBA), general civil procedure, the rules of evidence and administrative practice.
(c) Powers of the hearing officer. The Hearing Officer shall have all of the powers granted under common law relative to the conduct of an administrative hearing, including the power to:
(1) Preside over all village 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 at the request of one or both 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;
(7) Issue a determination based on evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order.
(d) Administrative hearing procedures. The hearing officer will conduct an administrative hearing concerning an application for PSEBA benefits pursuant to the following process:
(1) Time and date. Hearings shall be held on the date, time and place as established by the village pursuant to notice as described in this § 2-159(d).
(2) Notice of hearing. Notice of the scheduled hearing shall be sent by the hearing officer via first class mail and certified mail to the applicant and the applicant’s representative at the last known address as set forth in the application for PSEBA benefits at least 30 days prior to the date set for the hearing.
(3) Court reporter. The hearing officer shall arrange for a court reporter to transcribe the contents of the hearing. The village is responsible for paying any attendance fees charged by the court reporter; individuals wishing to obtain a transcript of the hearing must pay for their own copy.
(4) Presentation of evidence; representation by counsel. The village and the applicant shall be entitled to representation by counsel at the hearing and may present witnesses, may present testimony, evidence, stipulations 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. Testimonial evidence shall be taken only on oath or affirmation.
(5) Hearing proceedings. The hearing officer is responsible for conducting the hearing; regulating all facets of the hearing, including (but not limited to) the conduct of any parties and/or their counsel; the length of the hearing; the number of witnesses; establishing reasonable limits on the frequency and duration of the testimony of any witnesses; examining witnesses and directing witnesses to testify; ruling on motions; objections and questions of procedure; authorizing the submission of post-hearing briefs and setting the time for their filing; hearing opening and closing arguments.
(6) Rules of evidence. Insofar as practicable, the hearing officer will apply the formal and technical rules of evidence applicable in Illinois courts in an administrative hearing conducted pursuant to this section; however, the hearing officer is not required to strictly follow the rules of evidence.
(7) Decision. After considering the evidence presented the hearing officer will enter a written decision granting or denying the application for PSEBA benefits. The hearing officer shall serve the decision on all parties to the proceeding. The decision by the hearing officer of whether the applicant is eligible for the benefits under PSEBA shall constitute a final determination for the purpose of judicial review pursuant to the Illinois Administrative Review Law and the common law writ of certiorari.
(Ord. 2020-08-3474)