Rule 195-22-.10. Due Process and Collection Provisions in the Event of Default

1. A. Assessment of Default.

   Board staff shall investigate potential default situations, obtain information from recipients pertaining to the potential default report to the Board.

2. B. Notification and Due Process Procedures.

   In the event the Board determines a recipient to be in default, the following steps shall be taken:

   1. (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. (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 full board meeting if practicable, or the one immediately following that meeting.

   3. (3) Hearing.

      1. 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.
      2. 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.

      3. 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.

      4. d. 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.
      5. e. The recipient shall be notified in writing of the Board's decision within ten (10) days of the date of the hearing.
      6. f. 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.

3. C. Enforcement of Penalty Provisions.

   1. (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. (2) 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.
   3. (3) 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.

Authority: O.C.G.A. § 31-34-20.

History. Original Rule entitled "Due Process and Collection Provisions in the Event of Default" adopted. F. Nov. 15, 2018; eff. Dec. 5, 2018.

Repealed: New Rule of the same title adopted. F. Dec. 26, 2019; eff. Jan. 15, 2020.