Rule 195-20-.06 - Contract Default, Penalty, and Appeals(1) Default - a recipient will be considered in default of the contractual obligations of the Georgia Physician Loan Repayment Program under or "including but not limited to" any of the following situations: (a) The recipient loses his/her Georgia medical license; or restrictions are placed on the recipient's license rendering him/her ineligible to practice full time medicine in agreement with the terms of the GPLRP contract.(b) The recipient fails to begin professional practice in a Board approved practice location in a medically underserved rural area of Georgia as specified in the contract;(c) The recipient fails to maintain a full time practice (40+ hours per week) in the Board approved practice location specified in the contract;(d) The recipient fails to complete the full term if the contractual service obligation in the practice location specified in the contract:(e) The recipient fails to comply with the annual reporting requirements specified in the contract;(f) The recipient fails to provide Board staff with access to records or other information necessary to monitor the recipient's compliance with contract terms.(g) For any cause deemed sufficient by the Board which authority is not to be arbitrarily or unreasonable exercised.(2) Penalty for Default - upon a finding of default by the Board, the recipient will be subjected to paying an amount equal to the sum of the following: (a) the total amount paid by the GPLRP to, or on behalf of, the participant for loan repayments for any period of obligated not served; and(b) an amount equal to the number of months of obligated services not completed multiplied by $7,500.00; and(c) interest on the above amounts at the maximum legal prevailing rate, as determined by the treasurer of the United States, from the date of breach, except that the amount to recover will not be less than $31,000.00; and(d) the total amount owed is due within one year of the breach.(3) Waiver Provision - a participant may request a waiver of their Georgia Physician Loan Repayment Program obligation. A waiver is a permanent status. The basis for the waiver would be a documented medical condition or a personal situation that:(a) results in the individual's permanent inability to serve the obligation or pay the debt; or(b) would involve a permanent extreme hardship to the individual and would be against equity and good conscience to enforce the service or payment obligation.(4) Suspension Provision - participants may request a suspension of their Georgia Physician Loan Repayment Program obligation. A suspension may be granted for up to one (1) year. The basis for a suspension would be a documented physical or mental health disability, such as the terminal illness of an immediate family member that results in the following:(a) temporarily impossible for the participant to continue the service obligation or payment of the monetary debt; or(b) temporarily involve an extreme hardship to the individual and would be against equity and good conscience to enforce the service or payment obligation.(5) 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.(6) 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.Ga. Comp. R. & Regs. R. 195-20-.06
O.C.G.A. § 49-10-1.
Original Rule entitled "Contract Default, Penalty, and Appeals" adopted. F. Apr. 18, 2017; eff. May 8, 2017.