Compilation of Rules and Regulations of the State of Georgia › Department 195 - GEORGIA BOARD FOR HEALTH CARE WORKFORCE › Chapter 195-25 - GEORGIA PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM › Rule 195-25-.10 - Due Process and Collection Provisions in the Event of Default

Current through Rules and Regulations filed through June 27, 2024
(1)
Intent and General Approach.
The Georgia Board of Health Care Workforce intends to carry out the purpose of
			 the Georgia Physician Education Loan Repayment Program to recruit physicians in
			 medically underserved rural areas of Georgia. It is also the intention of the
			 Georgia Board of Health Care Workforce to assure due process in the enforcement
			 of the provisions of the program contract. Therefore, in the event of default
			 by the recipient of the service obligations of the contract, the Board will
			 take reasonable steps to negotiate the completion of the service obligation by
			 the recipient prior to enforcement of the penalty provisions of the
			 contract.
(2)
Assessment of
			 Default.
Board staff shall investigate potential default situations,
			 obtain information from recipients pertaining to the potential default, and
			 report to the Board.
(3)
Notification and Due Process Procedures.
In the event the Board
			 determines a recipient to be in default, the following steps shall be taken:
(a) Notification of Default. The Executive
			 Director of the Board shall notify the recipient by certified mail of the
			 Board's finding that the recipient is in default. The notification letter shall
			 include the facts upon which the Board made its default finding. The letter of
			 notification shall provide information on the penalty provisions of the
			 contract, including the total penalty due and payable, the Board's procedures
			 for enforcement of the penalty provisions, and the opportunity for the
			 recipient to obtain a hearing before the Board to appeal the finding of
			 default.
(b) Opportunity for a
			 hearing prior to enforcement of penalty provisions. Upon receipt of a notice of
			 default, the recipient will be allowed thirty (30) days from the mailing date
			 of the default notice to request a hearing before the Board to dispute the
			 finding of default or to provide information to the Board as to why the penalty
			 provisions of the contract should not be enforced. Said hearing shall take
			 place within sixty (60) days of receipt of a clearly written request for a
			 hearing.
(c) Hearing
1. The Board Chair shall serve as the
			 presiding officer for the hearing. In the absence of the Chair, the Board Vice
			 Chair shall preside.
2. The
			 recipient shall have a reasonable amount of time during the hearing to present
			 information relevant to the issue of default to the Board. The presiding
			 officer of the hearing shall determine the length of the hearing and shall have
			 the sole authority to bring the hearing to closure.
3. The testimony of individuals with
			 knowledge relevant to the recipient's case is requested to be submitted in
			 writing to the Board at least one week prior to the date of the hearing. The
			 presiding officer of the hearing may permit live testimony if, in the sole
			 opinion of the presiding officer, the information to be presented by witnesses
			 is relevant and useful to assist the Board in making an appropriate
			 decision.
4. Neither the Board nor
			 the recipient shall be represented by legal counsel at the hearing.
5. At the conclusion of the hearing, action
			 to accept or reject the recipient's appeal shall be made by a majority vote of
			 the Board members present. The decision of the Board shall be final.
6. The recipient shall be notified in writing
			 of the Board's decision within ten days of the date of the hearing.
7. If the recipient declines the offer of a
			 hearing before the Board or fails to appear as scheduled, the penalty
			 provisions of the contract shall be enforced immediately.