(1) Default - a recipient will be considered
in default of the contractual obligations of the Dentists for Rural Areas
Assistance Program under any of the following situations:
· The recipient loses his/her Georgia dental license or
restrictions are placed on the recipients license rendering him/her ineligible
to practice full time dentistry in agreement with the terms of the DRAA
contract;
· The recipient fails to begin professional practice in a Board
approved practice location in a rural community in Georgia as specified in the
contract;
· The recipient fails to complete the full term of the
contractual service obligation in the practice location specified in the
contract;
· The recipient fails to maintain a full time practice
(40+hours per week) in the Board approved practice location specified in the
contract;
· The recipient fails to provide Board staff with access to
records or other information necessary to monitor the recipient's compliance
with contract terms.
(2)
Penalty for Default - upon a finding of default by the Board, the recipient
shall immediately be liable to the Board for two times the original principal
amount of the loan award provided to the recipient.
(3) Reduction of Penalty - the Georgia Board
of Health Care Workforce may consent or agree to a lesser measure of damages in
recognition of service provided or for other compelling reasons.
(4) Appeal Process - a recipient found to be
in default may appeal the finding to the Board in writing. The recipient shall
also have the right to request a hearing before the Board to appeal a finding
of default or enforcement of the penalty provision. If a recipient fails to
appear for a scheduled hearing before the Board, the recipient shall forfeit
all rights of appeal. The Board shall consider appeals from recipients prior to
enforcement of the penalty provision.
(5) Enforcement of Penalty - the penalty
provision for default shall be enforced by a letter of demand for payment from
the Board to the recipient. If the recipient fails to respond to the letter of
demand for payment, collection shall be pursued through the civil
courts.
Notes
Ga. Comp. R.
& Regs. R. 195-14-.06
O.C.G.A. §§
49-10-3,
31-34-6(2).
Original Rule
entitled "Contract Default, Penalty, and Appeal" adopted. F.
Dec. 2, 2015; eff.
Dec. 22,
2015.
Repealed: New Rule of same title adopted. F.
Jan. 27, 2020; eff.
Feb. 16,
2020.
