Compilation of Rules and Regulations of the State of Georgia › Department 195 - GEORGIA BOARD FOR HEALTH CARE WORKFORCE › Chapter 195-14 - DENTAL LOAN REPAYMENT PROGRAM › Rule 195-14-.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 Dentists for Rural Areas Assistance
				Program to recruit dentists to practice in 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 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 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 (10) 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.