A. Hearing Officer: The Village Manager or his or her designee shall be the Hearing Officer for hearings on applications for PSEBA benefits. The Hearing Officer shall have all of the authorities granted under statute and common law relative to the conduct of administrative hearings, including to:
1. Adopt, revise and enforce rules of procedure for hearings;
2. Preside over hearings;
3. Administer oaths;
4. Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA;
5. Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties, their representatives or the Hearing Officer;
6. Rule upon objections to the admissibility of evidence;
7. Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; and
8. Issue a final written determination on each application for PSEBA benefits based on the evidence presented at the hearing which shall include findings of fact, decision and order.
B. Hearings: Hearings for the determination of eligibility for benefits under PSEBA shall be initiated by the Village after the submission of a full and complete PSEBA application, and a determination by the Hearing Officer that it is appropriate to proceed with the hearing, which determination shall include consideration of the status of any disability pension proceeding related to the applicant and whether the disability pension proceeding has resulted in a final and non-appealable decision. A hearing shall be held to adjudicate and determine whether the applicant is eligible for benefits under the PSEBA. If the applicant is found eligible, the PSEBA benefits provided to the applicant shall be consistent with the PSEBA.
1. Record: Hearings shall be attended by a certified court reporter, and a transcript of all proceedings shall be made by said certified court reporter.
2. Procedures: The Village and the applicant shall be entitled to representation by counsel at hearings and may present witnesses, testimony and documents, may cross-examine opposing witnesses, and may request the issuance by the Hearing Officer of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents. The Hearing Officer may issue subpoenas to compel the appearance of relevant witnesses or the production of relevant documents in his/her discretion.
3. Evidence: The Illinois Rules of Evidence shall apply to the extent practicable unless, by such application, the Hearing Officer determines that application of the 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 her/his affairs. Such determination shall be in the sole discretion of the Hearing Officer. The Hearing Officer must state on the record his or her reason for that determination.
4. Final Determination: A written determination by the Hearing Officer of whether the applicant is eligible for benefits under the PSEBA shall constitute a final administrative determination for the purpose of judicial review under the common law writ of certiorari. Motions to reconsider, set aside or challenge the final determination of the Hearing Officer are not permitted.
5. Burden Of Proof: At any administrative hearing, the applicant shall have the obligation and burden of proof to establish that the applicant is eligible and qualified to receive PSEBA benefits. The standard of proof in all hearings shall be by the preponderance of the evidence. (Ord. 18-2922, 5-21-2018)