Sec. 2-6. - Setoff Act Debtor's Administrative Hearing Ordinance.
(a) This section shall be known as the "Setoff Act Debtor's Administrative Hearing Ordinance."
(b) The purpose of this section is to establish and prescribe procedures for the hearing required for debtors under the Local Government Debt Collection Setoff Act, 2019 Session Laws, House Bill Number 991.
(c) Definitions.
(1) Debt, for the purposes of this section, means any single debt owed the city of at least $50.00 or any combination of debts owed the city, which when added together totals at least $50.00. The source of the debt owed the city may be, but is not limited to, a fine, a fee, or a delinquent water, sewer, or sanitation bill. Debt shall not mean any fine that is the subject of a payment plan for a municipal court fine and the misdemeanant has not been adjudged to be in contempt of court for failure to make payment under the misdemeanant's payment plan. Debt shall not mean any water, sewer, or sanitation bill: 1) that is the subject of a payment plan, where the monthly payments due under the plan are current; or 2) that is the subject of a hearing or appeal under section 122-40 of the Code of Ordinances.
(2) Debtor, for the purposes of this section, shall mean any person who the city alleges owes the city a debt and from whom the city intends to collect such debt under the process provided by the Local Government Debt Collection Setoff Act.
(3) Collection assistance charge shall mean a charge of 25 percent of the debt of a debtor that is added to, and becomes a part of, the debt.
(4) City shall mean, in the context of this section, any city department, employee, or contractor designated by the mayor to perform the following actions required under this section: mailing the notice of intent, receiving a request for a hearing, scheduling the hearing, delivering notice of the hearing, and delivering the written decision of the hearing officer.
(5) Hearing shall mean the hearing required under the Local Government Debt Collection Setoff Act to be held upon the request of the debtor to determine the validity and the amount of the debt owed the City of Jackson.
(6) Hearing officer shall mean an individual recommended by the mayor and approved by the city council for the limited purpose of conducting the hearing.
(7) Notice of intent shall mean written notice mailed by the city to the debtor stating the following, at a minimum:
a. The basis for the city's claim that the debtor owes the city a debt;
b. The city intends to request that the Mississippi Department of Revenue take the debtor's state income tax refund in an amount sufficient to satisfy the debt;
c. In addition to the debt, the debtor will be assessed a collection assistance charge of 25 percent;
d. If the debtor pays the city the full amount of the debt within 30 days, the collection assistance charge will not be assessed;
e. The debtor has the right to make a written request to the City of Jackson for a hearing within 30 days of the date of the notice of intent;
f. If the debtor wishes to contest the debt, a written request for a hearing must be addressed to the city to the attention of and to the address designated in the notice of intent;
g. If the debtor requests a hearing, the debtor may include with his hearing request any additional means by which they wish to be notified of the hearing date;
h. If the debtor requests a hearing, they may be represented at the hearing by an attorney or such other person as they may wish to have represent their interests;
i. If the debtor requests a hearing, they may present evidence on their behalf, including the testimony of witnesses; however, the debtor may not dispute any civil or criminal issue that has been presented in a court proceeding in which a judgment has been entered; and
j. If the debtor fails to request a hearing within 30 days of the date of the notice of intent, the debtor will be deemed to have waived their right to a hearing and the debt will be submitted to the Mississippi Department of Revenue to be set.
(d) The city shall mail a notice of intent to the debtor at the debtor's address last known to or discoverable by the city through reasonable investigation.
(e) The hearing officer is hereby empowered to conduct hearings.
(f) Request for hearing.
(1) A debtor who disputes a debt identified in a notice of intent must file a request for a hearing with the city. The request shall contain the following: 1) the name, address, and telephone number of the debtor; 2) any additional manner in which the debtor wishes to be notified of the time, date, and place of the hearing; 3) identification of the debt being disputed; 4) the amount of the debt being disputed; and 5) the reason for the debtor's dispute.
(2) This request for a hearing must be filed with 30 days of the date of the notice of intent. The request is considered to have been filed on the date it is delivered for mailing with postage prepaid and properly addressed to the city. Upon receipt of the request for a hearing, the city shall schedule a hearing with a hearing officer. The city shall set said hearing to be heard no later than 30 days after receipt of the debtor's request for a hearing, if practicable.
(3) The city shall mail to the address to which the notice of intent was mailed and also deliver by any means designated in the debtor's request for a hearing, notice of the time, date, and place of the hearing at least 14 days prior to the scheduled hearing. The conduct of the hearing will be in accordance with rules and procedures established by the hearing officer and shall be conducted informally. A representative of the city with knowledge of the debt shall attend such hearing and present a response to the debtor's request for a hearing. Any city employee with knowledge of the debt may be called by the hearing officer to respond to the request for a hearing. All expenses incurred in the hearing, including witness fees, mileage, reproduction of documents, or other costs, shall be borne by the party who incurred them. The hearing officer will receive and consider all evidence submitted during the hearing.
(4) If the debt at issue in the hearing is a water, sewer, or solid waste services bill, the city or the debtor may submit as evidence the transcript or findings and recommendations resulting from a hearing conducted under section 122-40 of the Jackson Code of Ordinances and any Order of the City of Jackson City Council.
(5) At the conclusion of the hearing, the hearing officer shall advise of their findings and recommendation regarding the debtor's request for a hearing. As soon as practicable thereafter, but no later than 14 days following the date of the hearing, the hearing officer shall issue to the city their findings and recommendation. The city shall forthwith mail the findings and recommendation to the debtor using the address to which the notice of intent was mailed and any means of notification designated in the debtor's request for a hearing. The findings and recommendation of the hearing officer shall be made upon substantial and reliable evidence, and shall consist of findings of fact and the disposition of the dispute. If the hearing officer finds the debtor's dispute to be valid, the hearing officer shall be empowered to recommend an appropriate adjustment to the amount of the debt, including that the debt is not owed to the city.
(Ord. No. 2019-34(3), § 1, 10-1-19)
