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<br />3~ <br /> <br />TUESDAY <br /> <br />AUGUST 14, 1984 <br /> <br />..- <br /> <br />BE IT ORDAINED, by the Council of the City of Martinsville, Virginia, <br />in regular session held on August 14, 1984, that any hearings required <br />to be held by the Set-Off Debt Collection Act, specifically by Section <br />58-19.13 of the 1950 Code of Virginia, as amended, shall be conducted <br />according to the following rules of procedure: <br /> <br />1. Said hearings shall be held at the site closest to the City <br />of Martinsville designated by the Tax Commissioner for the <br />holdings of such hearings. <br /> <br />-- <br /> <br />2. Said hearings shall be conducted by the Finance Director, <br />provided that he shall not have been involved in the prior <br />circumstances culminating in said hearing. If he shall <br />have been so involved, then the hearing shall be con- <br />ducted by the Administrative Assistant to the City Manager <br />or by some other person designated by the City Manager who <br />shall not have been involved in said prior circumstances. <br />The person conducting said hearing shall have the responsi~ <br />bility for determining thereat the validity of the debt <br />asserted, and whether the amount thereof is correct, or <br />whether an adjustment to said claim shall be made. <br /> <br />3. The alleged debtor shall be notified at least ten (10) days <br />in advance thereof of the time and place of said hearing, <br />which notice shall also advise said alleged debtor of the <br />identity of all witnesses that the City plans to call in <br />support of its claim, and which notice shall also advise <br />said debtor of his right to examine at least five (5) days <br />in advance of said hearing all documents to be relied upon <br />by the City in support of its claim, and of the place where <br />said documents may be examined. <br /> <br />4. In so far as is practicable, the rules of evidence applicable <br />in civil law actions in Virginia shall be followed in said <br />hearings. <br /> <br />5. At the hearing the debtor shall have the right to be repre- <br />sented by an attorney, and the City shall be represented by <br />the City Attorney. All testimony at said hearing shall be <br />under oath (all witnesses shall be sworn by someone authorized <br />to administer oaths in Virginia), and shall be recorded, and, <br />in the event of an appeal, transcribed, by a court reporter. <br />The alleged debtor shall have the right to cross-examine all <br />witnesses testifying against him, and to present witnesses and <br />other evidence in support of his defense to said claim. The <br />City shall have the burden of proving its claim by a preponder- <br />ance, or greater weight, of the evidence, and for that reason <br />shall have the right to open and close in the presentation of <br />evidence and any argument following same. <br /> <br />6. The decision as to the validity of the claim of the City shall <br />be announced orally at said hearing, and said decision shall be- <br />come final two (2) working days after the date on which written <br />notification of said decision and the findings of fact supporting <br />same has been mailed to said alleged debtor at his or her last <br />known address. <br /> <br />_______..______~.u_w.____,.,___...__...___ _ _________________~_..___ <br />