| (a) Service of notice.
(1) When required by this subchapter, the OIG provides
written notice by:
(A) hand delivery, in which case notice is presumed
to be received on the date of delivery;
(B) certified mail with return receipt requested, in
which case notice is presumed to be received on the date of the signature
of the addressee or its agent on the return receipt or on the delivery
date as reflected in the records of the United States Postal Service
if the return receipt is unsigned or certified mail is unclaimed;
(C) registered mail, in which case notice is presumed
to be received on the date of delivery as reflected in the records
of the United States Postal Service;
(D) fax with confirmation page, in which case notice
is presumed to be received on the date of the confirmation of the
fax; or
(E) regular mail plus one of the other methods enumerated
in subparagraphs (A) - (D) of this paragraph.
(2) Notice may be delivered to the subject of the OIG
action, any affiliate of the subject, the subject's authorized representative,
or any adult at the subject's address of record. Receipt by any of
these persons is effective as against the provider or person subject
to the OIG action.
(3) Notice provided in any manner as provided for in
this section constitutes prima facie evidence of proper notice of
agency action.
(b) Contents of Notice. The OIG notices generally include,
as applicable:
(1) a description of the action or potential action
being taken, including any financial amounts at issue;
(2) the basis of the action or potential action;
(3) the effect of the action or potential action;
(4) the duration of the action;
(5) a statement regarding the person's due process
rights and the right to submit additional evidence or information
for consideration, if applicable; and
(6) any additional information required by statute
or this subchapter.
(c) Documents sent to the OIG are considered received
by the OIG only when received by 5:00 p.m. on a business day. A document
received after 5:00 p.m. on a business day is considered received
on the next business day.
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| Source Note: The provisions of this §371.1609 adopted to be effective October 14, 2012, 37 TexReg 7989; amended to be effective April 15, 2014, 39 TexReg 2833; amended to be effective October 1, 2015, 40 TexReg 6585; amended to be effective May 1, 2016, 41 TexReg 2941 |
