Compilation of Rules and Regulations of the State of Georgia › Department 195 - GEORGIA BOARD FOR HEALTH CARE WORKFORCE › Chapter 195-12 - PHYSICIANS FOR RURAL AREAS ASSISTANCE PROGRAM › Rule 195-12-.10 - Due Process and Collection Provisions in the Event of Default

Current through Rules and Regulations filed through June 27, 2024
A.
Intent and
			 General Approach.
It is the intention of the Georgia Board of Health
			 Care Workforce to carry out the purpose of the Physicians for Rural Areas
			 Assistance Program to recruit physicians in medically underserved rural areas
			 of Georgia. It is also the intention of the Georgia Board of Health Care
			 Workforce Georgia Board for Physician 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 completion of the service
			 obligation by the recipient prior to enforcement of the penalty provisions of
			 the contract.
B.
Assessment
			 of Default.
Board staff shall investigate potential default situations,
			 obtain information from recipients pertaining to the potential default and
			 report to the Board.
C.
Notification and Due Process Procedures.
In the event the Board
			 determines a recipient to be in default, the following steps shall be taken:
(1)
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 letter of
			 notification shall include the facts upon which the Board made its finding of
			 default. 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.
(2)
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.
(3)
Hearing.
a. The Board Chair shall serve as the
			 presiding officer for the hearing. In the absence of the Chair, the Board Vice
			 Chair shall preside.
b. 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.
c. 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.
d. Neither the Board nor the recipient shall
			 be represented by legal counsel at the hearing.
e. At the conclusion of the hearing, action
			 to accept or reject the recipient's appeal shall be made by majority vote of
			 the Board members present. The decision of the Board shall be final.
f. The recipient shall be notified in writing
			 of the Board's decision within ten days of the date of the hearing.
g. 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.