If the Department has reason to believe that a vendor has
committed a violation, which violation has not resulted in a criminal
conviction, the Commissioner may impose one or more of the administrative
sanctions outlined in Sec.
these Regulations, in accordance with the following procedures:
imposing a sanction, the Commissioner
shall send by certified mail, return
receipt requested, written notice to the vendor, which notice shall include:
(1) A statement of the alleged violation or
(2) Notice of the right
to a hearing,
(3) A statement that
proof of said violations may result in the imposition of sanctions,
(4) A copy of this regulation.
(1) The vendor shall send to the Office of
Program Integrity, by certified mail, an answer to the allegations contained in
the notice of violation. An answer must contain, but is not limited to, an
admission or denial of each allegation and a clear and concise statement of all
the facts on which the vendor relies.
(2) If the vendor fails to file an answer to
the notice of violation within fifteen (15) days of receipt of the notice, the
vendor shall be deemed to have waived his right to an adjudicatory hearing and
the proposed sanction will be imposed, effective twenty (20) days after receipt
of the notice of violation.
Department shall schedule an adjudicatory hearing as soon as practicable, which
hearing shall be held in accordance with the provisions of the Uniform
Administrative Procedures Act.