SECTION 371.1609. Notice and Service

(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.

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