A.
Intent and
General Approach.
It is the intention of the Georgia Board of Health Care
Workforce to recruit physician assistants in rural Georgia.
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 at the next scheduled
official meeting of the Board upon 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.
d. 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.
e. Neither the Board nor the recipient shall
be represented by legal counsel at the hearing.
f. 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.
g. The recipient shall be notified in writing
of the Board's decision within ten (10) days of the date of the hearing.
h. 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.
D.
Enforcement of
Penalty Provisions.
(1) In the event of
default, and following implementation of the notification and due process
procedures, the penalty provisions of the contract shall be enforced through
the civil courts.
(2) In the event
legal action is instituted to collect any amount under the contract, the
recipient shall pay attorney's fees incurred in the collection in an amount
equal to fifteen percent (15%) of the unpaid balance of principal and
interest.
(3) Principal and
penalties collected through the courts shall be used to pay the balance of any
costs of collection, with the balance returned to the State of Georgia
treasury.
(4) Penalty payments made
to the State Treasury shall be duly recorded by the Georgia Board of Health
Care Workforce and a record of payment maintained in the recipient's permanent
file.
Notes
Ga. Comp. R. & Regs. R. 195-15-.10
O.C.G.A.
ยงยง 49-10-3,
31-34-6(2).
Original Rule
entitled "Due Process and Collection Provisions in the Event of Default"
adopted. F. Oct. 31, 2016; eff.
Nov. 20, 2016.
Repealed: New Rule of the same title adopted. F.
Dec. 31, 2019; eff.
Jan. 20, 2020.
