Compilation of Rules and Regulations of the State of Georgia › Department 195 - GEORGIA BOARD FOR HEALTH CARE WORKFORCE › Chapter 195-3 - DENTAL MALPRACTICE INSURANCE PREMIUM GRANT PROGRAM › Rule 195-3-.10 - Due Process and Collection Provisions in the Event of Default

Current through Rules and Regulations filed through June 27, 2024
A.
Assessment of Default
.
Board staff shall investigate potential default situations,
				obtain information from recipients pertaining to the potential default report
				to the Board.
B.
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 at the next scheduled
				full board meeting if practicable, or the one immediately following that
				meeting.
(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. 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.
e. The recipient shall be notified in writing
			 of the Board's decision within ten (10) days of the date of the hearing.
f. 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.