§ 64.633   Procedures for resolution of unauthorized changes in default
provider.

   (a) Notification of alleged unauthorized provider change. Original default
   providers who are informed of an unauthorized default provider change by an
   iTRS user shall immediately notify the allegedly unauthorized provider and
   the Commission's Consumer and Governmental Affairs Bureau of the incident.

   (b) Referral of complaint. Any iTRS provider that is informed by an iTRS
   user or original default provider of an unauthorized default provider change
   shall:

   (1) Notify the Commission's Consumer and Governmental Affairs Bureau, and

   (2) Shall inform that iTRS user of the iTRS user's right to file a complaint
   with  the  Commission's Consumer and Governmental Affairs Bureau. iTRS
   providers shall also inform the iTRS user that the iTRS user may contact and
   file a complaint with the alleged unauthorized default provider. An original
   default  provider  shall  have  the right to file a complaint with the
   Commission in the event that one of its respective iTRS users is the subject
   of an alleged unauthorized default provider change.

   (c) Notification of receipt of complaint. Upon receipt of an unauthorized
   default provider change complaint or notification filed pursuant to this
   section, the Commission will notify the allegedly unauthorized provider and
   the Fund administrator of the complaint or notification and order that the
   unauthorized  provider  identify to the Fund administrator all minutes
   attributable to the iTRS user after the alleged unauthorized change of
   default provider is alleged to have occurred. The Fund administrator shall
   withhold reimbursement for such minutes pending Commission determination of
   whether an unauthorized change, as defined by § 64.601(a) of this part, has
   occurred, if it has not already done so.

   (d) Proof of verification. Not more than 30 days after notification of the
   complaint or other notification, the alleged unauthorized default provider
   shall provide to the Commission's Consumer and Governmental Affairs Bureau a
   copy of any valid proof of verification of the default provider change. This
   proof of verification must clearly demonstrate a valid authorized default
   provider change, as that term is defined in § § 64.631 through 64.632 of this
   part. The Commission will determine whether an unauthorized change, as
   defined by § 64.601(a) of this part, has occurred using such proof and any
   evidence supplied by the iTRS user or other iTRS providers. Failure by the
   allegedly unauthorized provider to respond or provide proof of verification
   will be presumed to be sufficient evidence of a violation.

   [ 78 FR 40609 , July 5, 2013]

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