Common use of Verification Procedure and Opportunity to Contest Clause in Contracts

Verification Procedure and Opportunity to Contest. A. Verification Procedures: ED may not suspend, terminate, reduce, or make a final denial of any financial assistance or payment under Title IV of the HEA to an applicant, or take other adverse action against such applicant, if as a result of information produced by this matching program ED determines that the applicant is ineligible for Title IV, HEA program assistance until such time as the applicant is given notice of the adverse findings and the proposed adverse action based on those findings. ED will provide the applicant with a description of procedures for contesting those findings in advance of the proposed adverse action and with an opportunity to provide the institution with an accurate SSN, proof of U.S. citizenship, or both. The applicant will have at least 30 days from the date of the notice to provide clear and convincing evidence of the accuracy of the applicant’s SSN, proof of the applicant’s U.S. citizenship, or both. ED’s notification process is highly automated and requires compression of the verification and the notice and wait procedures because individual applicants serve as the best source for verifying the matched data and it is not possible to intervene until after an output document has been issued. Indeed, OMB’s “Final Guidance Interpreting the Provisions of Public Law (Pub. L.) 100-503, the Computer Matching and Privacy Protection Act of 1988” anticipates such a situation when it states: “[i]t would be of dubious utility to apply the verification requirements equally to all matches and argue that a match that results in an adverse consequence of the loss of, for example, a tuition assistance payment should receive the same due process procedures as one that results in the loss of an Aid to Families with Dependent Children (AFDC) payment or Food Stamp eligibility. ” 54 Fed. Reg. 25818, 25827 (June 19, 1989). This OMB guidance also recognizes that “[i]n many cases, the individual record subject is the best source for determining a finding’s validity, and he or she should be contacted where practicable.” Id. Under the matching program, individual applicant records are matched at the time the applicant has, at a minimum, initiated an application for Title IV, HEA program assistance. Examples of an unsuccessful match include, but are not limited to, when an applicant’s name, date of birth or reported SSN is not found, the student is not a U.S. citizen, or the SSN matches that of a deceased person in the SSA database. When an unsuccessful match occurs, ED will notify the applicant and eligible institution via email or mail, or by ED’s output document such as the SAR or ISIR.

Verification Procedure and Opportunity to Contest. A. Verification Procedures: ED may not suspend, terminate, reduce, or make a final denial of any financial assistance or payment under Title IV of the HEA to an applicantindividual, or take other adverse action against such applicantindividual, if as a result of information produced by this matching program ED determines that the applicant individual is ineligible for Title IV, HEA program assistance until such time as the applicant individual is given notice of the adverse findings and the proposed adverse action based on those findings. ED will provide the applicant individual with a description of procedures for contesting those findings in advance of the proposed adverse action and with an opportunity to provide the institution with an accurate SSN, proof of U.S. citizenship, or both. The applicant will have at least 30 days from the date of the notice to provide clear and convincing evidence of the accuracy of the applicant’s SSN, proof of the applicant’s U.S. citizenship, or both. ED’s notification process is highly automated and requires compression of the verification and the notice and wait procedures because individual applicants serve as the best source for verifying the matched data and it is not possible to intervene until after an output document has been issued. Indeed, OMB’s “Final Guidance Interpreting the Provisions of Public Law (Pub. L.L) 100-503, the Computer Matching and Privacy Protection Act of 1988” anticipates such a situation when it states: “[i]t would be of dubious utility to apply the verification requirements equally to all matches and argue that a match that results in an adverse consequence of the loss of, for example, a tuition assistance payment should receive the same due process procedures as one that results in the loss of an Aid to Families with Dependent Children (AFDC) payment or Food Stamp eligibility. ...” 54 Fed. Reg. 25818, 25827 (June 19, 1989). This OMB guidance also recognizes that “[i]n many cases, the individual record subject is the best source for determining a finding’s validity, and he or she should be contacted where practicable.” Id. Under the matching program, individual applicant records are matched at the time the applicant student has, at a minimum, initiated an application for Title IV, HEA program assistance. Examples of an unsuccessful match include, but are not limited to, when an applicant’s name, date of birth or reported SSN is not found, the student is not a U.S. citizen, or the SSN matches that of a deceased person in the SSA database. When an unsuccessful match occurs, ED will notify the applicant individual and eligible institution via email or mail, or by ED’s output document such as the SAR or ISIR. B. Opportunity to Contest: Under the Privacy Act, ED may not suspend, terminate, reduce, or make a final denial of Title IV, HEA program assistance, or take other adverse action against an individual as a result of the information produced by this matching program unless the individual is provided with a notice (e.g., output document as defined in Article III) stating the results of the match and such individual is given 30 days to contest the adverse match information. Consistent with sections 483(a)(12) and 484(p) of the HEA (20 U.S.C. § 1090(a)(12) and 20 U.S.C. § 1091(p)) and implementing regulations in 34 C.F.R. § 668.36, when an applicant’s data does not match with the data in the SSA Enumeration System, ED provides notification to the applicant and the institution indicating the match results and the corrective action that needs to be taken by the applicant. ED's regulations require that the institution must give the applicant at least 30 days, or until the end of the award year, whichever is later, to produce evidence of the correct SSN or resolve (including contesting) the results of the matched data (34 C.F.R. § 668.36(a)(3)). The applicant has a period of at least 30 days to correct or contest the results of the data match. However, if the applicant’s data is not corrected or successfully contested and ED determines that the applicant’s data does not yield a successful match with SSA, ED will deny or terminate the applicant’s eligibility for Title IV, HEA program assistance. The FSA Handbook provides specific guidance to institutions with regard to the processing of inaccurate SSNs and claims of U.S. citizenship status that have not been confirmed through this data match. ED understands that the only verification of an SSN that SSA provides to individuals is the Social Security card and that SSA is not the custodian of U.S. citizenship records. ED’s guidance to institutions will state that: • Students are not to be referred to SSA to resolve citizenship non-confirmation replies; • Before referring a student to SSA to resolve an SSN discrepancy, the institution will review the input to detect transcription and keying errors and confirm the input with the student; • Students referred to SSA to resolve SSN non-verification replies from this matching operation will not be advised to obtain any written verification of the SSN (other than a Social Security card); and • Generally, it takes at least two weeks after the student’s submission of an SSN application and supporting documents to SSA for the student to receive the Social Security card.

Verification Procedure and Opportunity to Contest. A. Verification Procedures: ED may not suspend, terminate, reduce, or make a final denial of any financial assistance or payment under Title IV of the HEA to an applicantindividual, or take other adverse action against such applicantindividual, if as a result of information produced by this matching program ED determines that the applicant individual is ineligible for Title IV, HEA program assistance until such time as the applicant individual is given notice of the adverse findings and the proposed adverse action based on those findings. ED will provide the applicant individual with a description of procedures for contesting those findings in advance of the proposed adverse action and with an opportunity to provide the institution with an accurate SSN, proof of U.S. citizenship, or both. The applicant will have at least 30 days from the date of the notice to provide clear and convincing evidence of the accuracy of the applicant’s SSN, proof of the applicant’s U.S. citizenship, or both. ED’s notification process is highly automated and requires compression of the verification and the notice and wait procedures because individual applicants serve as the best source for verifying the matched data and it is not possible to intervene until after an output document has been issued. Indeed, OMB’s “Final Guidance Interpreting the Provisions of Public Law (Pub. L.L) 100-503, the Computer Matching and Privacy Protection Act of 1988” anticipates such a situation when it states: “[i]t would be of dubious utility to apply the verification requirements equally to all matches and argue that a match that results in an adverse consequence of the loss of, for example, a tuition assistance payment should receive the same due process procedures as one that results in the loss of an Aid to Families with Dependent Children (AFDC) payment or Food Stamp eligibility. ...” 54 Fed. Reg. 25818, 25827 (June 19, 1989). This OMB guidance also recognizes that “[i]n many cases, the individual record subject is the best source for determining a finding’s validity, and he or she should be contacted where practicable.” Id. Under the matching program, individual applicant records are matched at the time the applicant student has, at a minimum, initiated an application for Title IV, HEA program assistance. Examples of an unsuccessful match include, but are not limited to, when an applicant’s name, date of birth or reported SSN is not found, the student is not a U.S. citizen, or the SSN matches that of a deceased person in the SSA database. When an unsuccessful match occurs, ED will notify the applicant individual and eligible institution via email or mail, or by ED’s output document such as the SAR or ISIR.

Verification Procedure and Opportunity to Contest. A. Verification Procedures: ED may not suspend, terminate, reduce, or make a final denial of any financial assistance or payment under Title IV of the HEA to an applicantapplicant for Title IV, HEA program assistance, or take other adverse action against such applicant, if as a result of information produced by this matching program ED determines that the such applicant is ineligible for Title IV, HEA program assistance until such time as the such applicant is given notice of the adverse findings and the proposed adverse action based on those findings. ED will provide the such applicant with a description of procedures for contesting those findings in advance of the proposed adverse action and with an opportunity to provide the eligible institution with an accurate SSN, proof of U.S. citizenship, or both. The Such applicant will have at least 30 days from the date of the notice to provide clear and convincing evidence of the accuracy of the such applicant’s SSN, proof of the such applicant’s U.S. citizenship, or both. ED’s notification process is highly automated and requires compression of the verification and the notice and wait procedures because individual such applicants serve as the best source for verifying the matched data and it is not possible to intervene until after an output document has been issued. Indeed, OMB’s “Final Guidance Interpreting the Provisions of Public Law (Pub. L.) 100-503, the Computer Matching and Privacy Protection Act of 1988” anticipates such a situation when it states: “[i]t would be of dubious utility to apply the verification requirements equally to all matches and argue that a match that results in an adverse consequence of the loss of, for example, a tuition assistance payment should receive the same due process procedures as one that results in the loss of an Aid to Families with Dependent Children (AFDC) payment or Food Stamp eligibility. .” 54 Fed. Reg. 25818, 25827 (June 19, 1989). This OMB guidance also recognizes that “[i]n many cases, the individual record subject is the best source for determining a finding’s validity, and he or she should be contacted where practicable.” Id. Under the matching program, individual such applicant records are matched at the time the such applicant has, at a minimum, initiated an application for Title IV, HEA program assistance. Examples of an unsuccessful match include, but are not limited to, when an such applicant’s name, date of birth DOB, or reported SSN is not found, the student is not a U.S. citizen, or the SSN matches that of a deceased person in the SSA database. When an unsuccessful match occurs, ED will notify the such applicant and eligible institution via email or mail, or by ED’s output document such as the SAR SAR/FSS or ISIR.