§ 64.635   Procedures where the Fund has already reimbursed the provider.

   (a) The procedures in this section shall only apply after an iTRS user or
   iTRS  provider  has  complained  to or notified the Commission that an
   unauthorized change, as defined by § 64.601(a) of this part, has occurred,
   and the Fund has reimbursed the allegedly unauthorized default provider for
   minutes of service provided to the iTRS user.

   (b) If the Commission determines that an unauthorized change, as defined by
   § 64.601(a) of this part, has occurred, it shall direct the unauthorized
   default  provider  to remit to the Fund an amount equal to 100% of all
   payments  the unauthorized default provider received from the Fund for
   minutes  attributable  to  the iTRS user after the unauthorized change
   occurred. The remedies provided in this section are in addition to any other
   remedies available by law.

   [ 78 FR 40609 , July 5, 2013]

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