In the event that an administrative hearing is initiated pursuant to § 32.71, the hearing officer shall adjudicate and determine whether the subject public safety employee is eligible for benefits under PSEBA. If the employee is found eligible, the applicant shall be afforded benefits consistent with PSEBA.
(A) Time and date. Hearings shall be held on the date, time and place as established by the city with appropriate notice served upon the public safety employee as provided in § 32.71.
(B) Record. All hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter. The city shall be responsible for paying any attendance fees charged by the court reporter; individuals wishing to obtain a transcript of the administrative hearing shall be responsible for paying for their own copy.
(C) Procedures. The city and the applicant shall be entitled to representation by counsel at said hearing and 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.
(D) Evidence. The hearing officer shall, where practicable and appropriate, follow (but will not be bound by) rules of evidence which prevail in Illinois court of law.
(E) Preponderance of the evidence. At the administrative hearing, the employee shall have the obligation to prove that the employee is qualified to receive the benefits by a preponderance of the evidence.
(F) Final determination. The determination by the hearing officer of whether the petitioning public safety employee is eligible for the benefits under PSEBA shall constitute a final determination for the purpose of judicial review under the common law writ of certiorari.
(Ord. 3938, passed 6-6-2016)