A. Appointment Of A PSEBA Claims Administrator: The Village Clerk is hereby appointed as PSEBA Claims Administrator, who shall be responsible for scheduling and making all necessary arrangements for the holding of hearings under this administrative procedure. The duties of the PSEBA Claims Administrator include, but are not limited to:
1. Receiving and filing applications for PSEBA benefits;
2. Receiving and filing all documents required by this chapter to accompany such claims;
3. Reviewing applications for completeness and returning incomplete applications to the applicant;
4. Upon receipt of a complete application, scheduling hearings in accordance with the availability of the applicant, his or her counsel, counsel for the Village, and the Hearing Officer; and posting and publishing a notice of hearing in accordance with the Illinois Open Meetings Act, 5 Illinois Compiled Statutes 120/1;
5. At the direction of the Hearing Officer, posting and publishing required amended notices of hearing in the event that any hearing date should be continued to a later date;
6. Arranging for a court reporter to prepare a transcription of the hearing;
7. Receiving and filing the determination of the Hearing Officer and any order, ruling, or intermediate or supplemental determination of the Hearing Officer;
8. Responding to requests for information or subpoenas relating to an application for PSEBA benefits or a hearing thereon; and
9. Preparation of the record of any application and hearing thereon for purposes of the Illinois Administrative Review Law, 735 Illinois Compiled Statutes 5/3-101, et seq.
B. Appointment Of A Hearing Officer: The Village President, with the consent of the Village Board of Trustees, is hereby authorized to appoint a person to hold the position of Hearing Officer for the purpose of holding hearings and making determinations concerning the eligibility for persons claiming benefits under PSEBA. In making such selection, the Village President shall consider:
1. The candidate's ability to perform the duties set forth herein;
2. The background and experience of the candidate;
3. The qualifications of the candidate, including but not limited to, the requirement that the candidate must be an attorney licensed to practice law in the State of Illinois for at least five (5) years, with a knowledge of and experience in labor and employment law, general civil procedure, rules of evidence, and administrative practice.
C. Power Of The Hearing Officer: The Hearing Officer shall have all of the powers granted to him or her under applicable State Statutes and the common law relative to the conduct of administrative hearings, including the power to:
1. Preside over all Village of Worth hearings involving PSEBA;
2. Administer oaths;
3. Hear testimony, and accept evidence that is relevant to the issue of eligibility for benefits under PSEBA upon an applicant for such benefits;
4. Issue subpoenas and orders to secure attendance of witnesses and the production of relevant papers and documents upon the request of one or more of the parties to a hearing or their representatives;
5. Rule upon objections concerning the admissibility of evidence;
6. Preserve and authenticate the record of any hearing and all exhibits that are introduced into evidence at the hearing;
7. Issue a determination based on the evidence presented at the hearing;
8. If the determination is that the applicant is eligible for PSEBA benefits, issue a finding as to the extent of the reduction, if any, of PSEBA benefits resulting from the existence of health insurance benefits payable from any other source. (Ord. 2017-23, 9-5-2017)