The PSEBA administrative hearing shall be comprised of a hearing officer whose power and authority and limitations are as follows:
(A) Power and duties of the hearing officer. The hearing officer shall have all of the powers granted to him/her under common law relative to the conduct of an administrative hearing including the power to:
(1) Presiding over all city hearings involving PSEBA.
(2) Issuing subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives.
(3) Inquiring into all matters related to the applicant's entitlement to PSEBA benefits.
(4) Regulating all facets of the administrative hearing, including the conduct of any parties and/or their counsel, the length of the hearing and the number of witnesses.
(5) Hearing testimony and accepting evidence that is relevant to the issue of eligibility under PSEBA.
(6) Ruling on motions to intervene from interested parties.
(7) Administering oaths.
(8) Examining witnesses and directing witnesses to testify.
(9) Establishing reasonable limits on the frequency and duration of the testimony of any witness.
(10) Receiving relevant evidence in the form of testimony, exhibits or stipulations. Insofar as practical, 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.
(11) Ruling on objections, motions and questions of procedure.
(12) Ruling upon objections in the admissibility of evidence.
(13) Preserving and authenticating the record of the hearing and all exhibits in evidence introduced at the hearing.
(14) Hearing closing arguments.
(15) Authorizing the submission of post-hearing briefs and setting the time for their filing.
(16) Issuing 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) Establishment of office of hearing officer. The Hearing Officer shall be appointed by the Mayor with the approval of the City Council. Alternate hearing officers may serve when the hearing officer is not available and may be appointed in the same manner as the hearing officer. In making said selection, the Mayor shall consider all pertinent information.
(1) The candidate's ability to comply with the job description as set forth herein;
(2) Background and performance data made available to the Mayor on file with the otherwise obtained by the city;
(3) The candidate must be an attorney licensed to practice law in the State of Illinois for at least three years and have knowledge of and experience in employment and labor procedure, the rules of evidence, and administrative practice.
(Ord. 3938, passed 6-6-2016)