The Regional Director shall initiate the exclusion process by
sending the provider a letter, by certified mail and with return receipt
requested, 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 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 FECA program
without admitting or denying the allegations presented in the letter; or
(2) Request that the 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 Director, to request a formal hearing before an
administrative law judge;
(e) A notice that should the provider fail to answer (as described
in Sec. 10.819) the letter of intent within 30 calendar days of receipt,
the Regional Director 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 from the provider.
