§ 42B.04  CONDUCT OF HEARING.
   All administrative hearings under this chapter to determine eligibility for benefits under the Act shall be conducted in accordance with the following requirements:
   (A)   All hearings shall be audio recorded, and shall also be attended by a certified court reporter, who shall make a transcript of the proceedings in such hearing. The village shall bear the cost associated with the attendance of the court reporter.
   (B)   The applicant and/or her or his representative and the village shall both be entitled to appear at the hearing represented by counsel, and shall be entitled to call witnesses, cross-examine witnesses, elicit testimony, and to present documents, records and other evidence. In furtherance of the same, the applicant and village may likewise request the hearing officer to issue subpoenas to compel the attendance of witnesses and the production of documents, records and other evidence.
   (C)   After all evidence has been presented at the hearing, the hearing officer shall within 45 days after the conclusion of the hearing, issue a written determination as to whether or not the applicant is entitled to benefits under the Act, which shall contain findings of fact and conclusions of law. This determination shall constitute a final determination for the purpose of judicial review as provided for by law.
   (D)   Notwithstanding any contrary provision of this chapter, in the event that the Village Manager or his or her designee determine, after review of an application, that the applicant is entitled to benefits under the Act, the Village Manager or his or her designee may issue a written determination thereof and take such further actions as are necessary to coordinate the provision of such benefits to the applicant without the necessity of the hearing process otherwise provided for in this chapter.
(Ord. 18-1491, passed 7-18-18; Am. Ord. 19-1541, passed 2-6-19)