Compilation of Rules and Regulations of the State of Georgia › Department 195 - GEORGIA BOARD FOR HEALTH CARE WORKFORCE › Chapter 195-11 - SCHOLARSHIP PROGRAM › Rule 195-11-.15 - 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 Scholarship 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 Scholarship 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 scholarship
			 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 by the Board of a clearly written request for a hearing
			 from the recipient.
(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.