§ 30.718 - How is a provider notified of OWCP's intent to exclude him or her?

§ 30.718 How is a provider notified of OWCP's intent to exclude him or her?

The Regional Director Following receipt of the investigative report, OWCP will determine if there exists a reasonable basis to exclude the provider or providers. If OWCP determines that such a basis exists, OWCP shall initiate the exclusion process by sending the provider a letter, by certified mail and with return receipt requested (or equivalent services from a commercial carrier), which shall contain the following:

(a) A concise statement of the grounds upon which exclusion shall be based;

(b) A summary of the information, with supporting documentation, upon which the Regional Director OWCP has relied in reaching an initial decision that exclusion proceedings should begin;

(c) An invitation to the provider to:

(1) Resign voluntarily from participation in the EEOICPA program without admitting or denying the allegations presented in the letter; or

(2) Request that the a decision on exclusion be based upon the existing record and any additional documentary information the provider may wish to furnish;

(d) A notice of the provider's right, in the event of an adverse ruling by the Regional Directordeciding official, to request a formal hearing before an administrative law judge;

(e) A notice that should the provider fail to answer respond (as described in § 30.719) the letter of intent within 30 calendar 60 days of receipt, the Regional Director deciding official may deem the allegations made therein to be true and may order exclusion of the provider without conducting any further proceedings; and

(f) The name and address of the OWCP representative who shall be responsible for receiving the answer to where the response from the provider should be sent.

[84 FR 3057, Feb. 8, 2019]