Rule 195-14-.06. Contract Default, Penalty and Appeal

1. (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. (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. (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. (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. (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.

Authority: O.C.G.A. §§ 49-10-3, 31-34-6(2).

History. 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Repealed: New Rule of same title adopted.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.