07 LC 18
6267S
House
Bill 327 (COMMITTEE SUBSTITUTE)
By:
Representatives Williams of the
178th,
Roberts of the
154th,
Lane of the
167th,
Keen of the
179th,
May of the
111th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia
Annotated, relating to setoff debt collection, so as to authorize a setoff of
certain debts owed to public housing authorities; to change certain provisions
relating to definitions; to provide for procedures, conditions, and limitations;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to setoff debt collection, is amended in Code Section 48-7-161 relating to
definitions relative to the setoff of debt collection, by revising paragraph (1)
as follows:
"(1)
'Claimant agency' means and includes, in the order of priority set forth
below:
(A)
The Department of Human Resources with respect to collection of debts under
Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section
49-4-15;
(B)
The Georgia Student Finance Authority with respect to the collection of debts
arising under Part 3 of Article 7 of Chapter 3 of Title 20;
(C)
The Georgia Higher Education Assistance Corporation with respect to the
collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title
20;
(D)
The State Medical Education Board with respect to the collection of debts
arising under Part 6 of Article 7 of Chapter 3 of Title 20;
(E)
The Department of Labor with respect to the collection of debts arising under
Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with
the exception of Code Sections 34-8-158 through 34-8-161; provided, however,
that the Department of Labor establishes that the debtor has been afforded
required due process rights by such Department of Labor with respect to the debt
and all reasonable collection efforts have been exhausted;
(F)
The Department of Corrections with respect to probation fees arising under Code
Section 42-8-34 and restitution or reparation ordered by a court as a part of
the sentence imposed on a person convicted of a crime who is in the legal
custody of the department;
(G)
The State Board of Pardons and Paroles with respect to restitution imposed on a
person convicted of a crime and subject to the jurisdiction of the board;
and
(H)
The Department of Juvenile Justice with respect to restitution imposed on a
juvenile for a delinquent act which would constitute a crime if committed by an
adult;
and
(I)
Public housing authorities with respect to the collection of debt related to
occupying public housing; provided, however, that the public housing authority
establishes that the debtor has been afforded required due process rights by the
public housing authority with respect to the debt and all reasonable collection
efforts have been exhausted. This subparagraph shall apply only to a debt owed
by an occupant of public housing who has moved from the
property."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"48-7-171.
(a)
Except as otherwise provided in this Code section, all procedures and
requirements of this article shall apply with respect to public housing
authorities.
(b)
Public housing authorities may submit for collection under the procedure
established by this Code section all delinquent debts which they are
owed.
(c)
All public housing authorities, whenever possible, shall obtain the full name,
social security number, address, and any other identifying information, required
by regulations promulgated by the department for implementation of this Code
section, from any person for whom the public housing authorities provide any
service or transact any business and who the public housing authorities can
foresee may become a debtor under the terms of this Code section.
(d)
A debtor who protests the debt shall file a written protest with the claimant
agency at the address provided in the public housing authority´s
notification of intention to set off. The protest must be filed within 30 days
of the date of the notice of intention to set off and must contain the
debtor´s name, address, and tax identification number, identify the type of
debt in dispute, and give a detailed statement of all the reasons that support
the protest. The requirements of this subsection are
jurisdictional.
(e)
To recover costs incurred by the department pursuant to this subsection, an
administrative fee, not to exceed $25.00, shall be added to the debt by the
public housing authority.
(f)
Before submitting a debt to the department, the public housing authority shall
appoint a hearing officer to hear a protest of a debtor. This hearing officer
is vested with the authority to decide a protest in favor of either the debtor
or the public housing authority. The public housing authority shall certify to
the department, on a form prescribed by the department, that a hearing officer
has been appointed and shall inform the department of the name, address, and
telephone number of the hearing officer. If this hearing officer is unable to
serve at any time, the public housing authority shall appoint another hearing
officer.
(g)
Upon receipt of a notice of protest, the public housing authority shall notify
the department that a protest has been received and shall hold an informal
hearing at which the debtor may present evidence, documents, and testimony to
dispute the debt. The public housing authority shall notify the debtor of the
date, time, and location of the informal hearing. At the conclusion of the
informal hearing the officer shall render his or her determination. Upon
receipt of a sworn certification from the hearing officer that he or she held an
informal hearing and ruled in favor of the public housing authority, the
department may proceed to collect the delinquent debt regardless of a subsequent
appeal by the debtor.
(h)
A debtor may seek relief from the hearing officer´s determination by
requesting, within 30 days of the determination, a contested case hearing
before an administrative law judge. A request for a hearing before an
administrative law judge must be made in accordance with the rules of said
judges.
(i)
If a portion of the delinquent debt is collected by the department and the
determination of the hearing officer in favor of the public housing authority is
later reversed or the debtor prevails in a claim for refund, the public housing
authority shall refund the appropriate amount to the taxpayer, including the
appropriate amount of the fee. That portion of the refund reflecting the
department´s fee must be paid from public housing authority funds. If the
public housing authority is found to be entitled to a portion of an amount
collected by set off, it is not required to refund the setoff fee retained by
the department.
(j)
If a refund is retained in error, the public housing authority shall pay to the
taxpayer interest calculated as provided in Code Section 48-2-35 from the date
provided by law after which interest is paid on refunds until the appeal is
final.
(k)
If the public housing authority determines that money has been erroneously or
illegally collected, the public housing authority, in its discretion, may issue
a refund, even if the debtor does not file a protest or file a claim for
refund.
(l)
A collection may not be contested more than one year after the date it was made.
The date of collection must be conclusively determined by the department. This
provision shall be construed as a statute of repose and not as a statute of
limitation.
(m)
A debtor may make a claim for refund of an amount collected pursuant to this
Code section within one year from the date the amount is collected, in the same
manner as seeking relief from a hearing officer´s determination pursuant to
this Code section.
(n)
This Code section does not create a right to jury trial where one does not
already exist. When a debtor otherwise is entitled to have a jury determine the
issue of indebtedness, that right is preserved specifically. If a right to a
jury trial already exists and the debtor wishes to exercise that right, the
debtor is not required to request a contested case hearing before an
administrative law judge but instead must file in the appropriate superior court
and serve the pleadings on the public housing authority within 30 days from the
date of the hearing officer´s determination. The complaint must name the
public housing authority as a defendant and the allegations of the complaint
must contest the debt and any potential setoff.
(o)
Public housing authorities shall indemnify the department against any injuries,
actions, liabilities, or proceedings arising from performance under the
provisions of this Code section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.