Verification Procedures and Opportunity to Contest Clause Samples

The "Verification Procedures and Opportunity to Contest" clause establishes the process by which parties can verify information or actions relevant to the agreement and outlines the means by which a party may challenge or dispute findings or decisions. Typically, this clause details the steps for conducting audits, inspections, or reviews, and specifies the timeframe and method for raising objections or presenting evidence to contest results. Its core function is to ensure transparency and fairness by providing a structured mechanism for verification and a formal opportunity to address disagreements, thereby reducing the risk of disputes and misunderstandings.
Verification Procedures and Opportunity to Contest. A. Verification Procedures VA/VHA will take no adverse action regarding individuals identified through the matching process solely based on information that VA/VHA obtains from the match. In accordance with the requirements of the Privacy Act and applicable OMB guidelines, VA/VHA will independently verify and investigate all wage, pension, and self- employment income with the payer of the wages or pension or with the individual recipient, or both. This investigation and confirmation will include the amount of any income involved; whether the individual actually has or had access to such income for his or her own use; and the period or periods when the individual actually had such income. B. Opportunity to Contest Before taking any adverse action based on the verified income information received from the match, VA/VHA will provide all medical care recipients from whom VA/VHA decides such adverse action is necessary with the following information: 1. VA/VHA has received information from SSA indicating that an adverse action affecting the medical care recipient’s payment is necessary. The medical care recipient has an opportunity to explain the circumstances prior to VA/VHA making a final eligibility determination and initiating billing action; 2. The effective date of any adjustment or overpayment that may result; 3. The medical care recipient has 75 days to contest any adverse decision; and 4. Unless the medical care recipient responds to contest the proposed adverse action in the required 75-day time period, VA/VHA will conclude that the information provided by SSA is correct and will make the necessary adjustment to the recipient’s payment.
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Verification Procedures and Opportunity to Contest. A. Verification Procedures 1. VA is responsible for verifying and determining, in the event of a match, if the data from the DMDC records are consistent with the data in the VA pension and disability compensation records and for resolving any discrepancies or inconsistencies as to positive identification on an individual basis. 2. VA will screen the initial data to verify that the matched individual is in fact a recipient of VA pension or disability compensation. VA will do this by comparing the “hit” data with VA’s case files to verify the identity of the individual and will conduct independent inquiries when necessary to resolve questionable identities. 3. Any discrepancies or inconsistencies in data furnished by DoD, or developed as a result of the match, will be independently investigated, and verified by VA prior to any adverse action being taken against the individual.
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Verification Procedures and Opportunity to Contest. A. Verification of Match Information 1. CMS will take appropriate steps to independently verify all information received from Treasury’s Working System to determine the validity and/or applicability of the information obtained through this matching program prior to the termination, denial, suspension or reduction of any benefits. 2. The parties agree that the occurrence of a match is not conclusive evidence that the individual who or organization that is the subject of the search and the individual or the subject in the search results are the same person or organization. 3. CMS is responsible for verifying and determining whether the search results retrieved from Treasury’s Working System are consistent with the information in their files and for resolving any discrepancies or inconsistencies as to positive identification on an individual basis. 4. CMS will screen the initial data to verify that the matched individual or organization is in fact the payment/benefit recipient about which/whom the search was initiated. CMS will do this by separately comparing the "match results" file with the information in their files to verify the individual's or organization’s identity and will conduct independent inquiries to resolve questionable identities. 5. Any discrepancies or inconsistencies in the original source agency data files, based on information received from Treasury’s Working System, or developed as a result of the match, will be independently investigated and verified by CMS prior to taking any adverse action against any individual or organization.
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Verification Procedures and Opportunity to Contest. A. Independent Investigation 1. The SPAAs agree that the occurrence of a match is not conclusive evidence that Federal personnel identified are in fact the individual receiving public assistance benefits, but merely an indication that further examination is warranted. 2. SPAAs are responsible for verifying and determining if the data in the DMDC reply file are consistent with the data in SPAA public assistance files and for resolving any discrepancies or inconsistencies as to positive identification on an individual basis. 3. SPAAs will screen the initial data to verify that the matched individual is in fact the recipient of public assistance. SPAAs will do this by separately comparing the "hit" file with the SPAA public assistance files to verify the individual's identity and will conduct independent inquiries to resolve questionable identities. 4. Any discrepancies or inconsistencies in SPAA files, based on information furnished by DMDC, or developed as the result of the match, will be independently investigated and verified by SPAAs prior to their taking any adverse action against the individual. B. Due Process and Opportunity to Contest 1. Before taking any adverse action based on the information received from the match, SPAAs agree to provide written notice with specific details to each individual for whom SPAAs decide adverse action may be necessary. 2. Written notices provided by the SPAAs will inform the individual that the SPAA has received information from DMDC, which indicates that the individual is receiving a Federal salary/payment/benefit, which may result in either an adjustment or termination of his or her public assistance benefit; possible collection action being initiated for any overpayment made; and/or possible other administrative/judicial action as authorized by Federal and/or State law or regulation. The notice must clearly explain the information the agency has its relevance to the individual's eligibility or benefit, and what action the agency will take in the event the individual fails to respond to the letter. 3. If SPAAs intend to reduce, suspend, terminate or deny benefits as a result of information provided from the match, the SPAAs must provide notice and the opportunity to respond at a hearing in accordance with 42 CFR 431.200-250 for the Medicaid Program, 7 CFR 273.15 for the Supplemental Nutrition Assistance Program, and State established procedures for the Temporary Assistance for Needy Families Program. 4. Written notic...
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Verification Procedures and Opportunity to Contest. A. Pursuant to subsection (p)(1) of the Privacy Act (5 U.S.C. § 552a(p)(1)), 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 individual, or take other adverse action against such individual, as a result of information produced under this matching program, until, among other things, ED has independently verified the information and the individual receives a notice from ED containing a statement of its findings and informing the individual of the opportunity to contest such findings. B. Verification of Matched Information 1. ED’s notification process is highly automated and requires compression of the verification and the notice and wait procedures because individual applicants and borrowers, including, as applicable, the parent(s) of a dependent applicant or the spouse of an independent student applicant or borrower, serve as the best source for verifying the matched data and it is not possible to intervene until after an output document (i.e., Student Aid Report/Federal Aid Summary) has been issued to an applicant. Under the matching program, ED will notify applicants seeking to access their FTI, for the purposes of FAFSA form, that they may contact their financial aid administrator at their eligible postsecondary institution to do so. Similarly, ED will notify borrowers seeking to access their FTI, for the purposes of IDR, that they may contact ED’s Ombudsman's Office to do so. ▇▇ will accept the IRS’s determination of the return information match. The applicants and borrowers will have the opportunity to contest and verify the outcome of the results of the match, as described in Section VII.C of this CMA below. 2. FTI provided by the IRS via the FA-DDX is provided from tax returns filed by taxpayers and may include adjustments made during examination, processing of amended returns as reflected on individual tax accounts, or verification of non-filing by the IRS. The IRS will not honor requests for verification or additional supporting tax information to support eligibility for student aid programs, including copies of tax returns or transcripts. ED will not direct applicants and borrowers to the IRS to obtain additional tax records from the IRS outside of this Agreement. IRC § 7852(e) provides that subsections (d)(2), (d)(3), (d)(4), and (g) of the Privacy Act shall not be applied to the determination of tax liability under the IRC; therefore, individuals may not seek am...
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Verification Procedures and Opportunity to Contest. ED may not suspend, terminate, reduce, or make a final denial of assistance under the Title IV Student Financial Assistance Programs or take other adverse action against an individual as a result of the information produced by this matching program, until, among other things, (1) ED independently verifies the information, or ED’s Data Integrity Board determines, in accordance with guidance issued by the Director of the OMB, that: (a) the information is limited to identification and amount of benefits paid by ED under a Federal benefit program; and (b) there is a high degree of confidence that the information provided to ED is accurate; (2) such individual has received a written notice stating the initial or second-step response of the matching program did not verify an eligible immigration category and stating that the individual has at least 30 days to provide documentation of proof of citizenship and immigration status to the IHE to contest the 3 SAVE is able to provide additional data elements to customers, but FPS is coded to receive only the data elements listed in this Agreement. results of the matching program (Note: Examples of documentation may be found in the FSA Handbook, Volume 1, Chapter 2: ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/knowledge-center/fsa- handbook/2023-2024/vol1/ch2-us-citizenship-eligible-noncitizens); and (3) the individual expressly declined to contest the results of the matching program or the subsequent 30- day notice period has expired. The notice will state that DHS-USCIS has not verified the applicant’s immigration status commensurate with the requirements of eligibility for Federal student aid and that the applicant must provide appropriate documentation to an IHE in order to verify the applicant’s citizenship or immigration status. Third step procedures, as specified by ED, are used by IHEs as one final attempt to verify the status of students who have contested the results of the matching program. The third step procedures are described as follows: • Under 34 CFR 668.33(a)(2), Applicants for assistance under the Title IV Student Financial Assistance Programs who are not a citizen or national of the United States must document their immigration status to prove their eligibility. Under current policy guidelines, if DHS-USCIS is unable to verify the applicant’s immigration status through automated initial or second-step additional verification, IHEs may not determine that the applicant is in an eligible immigration status for purposes ...
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Verification Procedures and Opportunity to Contest. A. Verification Procedures Through the SSA computer matching process, CNCS receives information as to whether there is an affirmative match for each individual. CNCS will take no adverse action regarding any individual identified through the matching process based solely on information that CNCS obtains from the match. When SSA identifies an individual for whom there is no affirmative match, CNCS or its grantee will contact the affected individual to give them an opportunity to verify the matching results in accordance with the requirements of the Privacy Act and applicable OMB guidelines. CNCS will not tell grantees that SSA records are the basis for the lack of verification. B. Notice and Opportunity to Contest When SSA identifies an individual for whom there is no affirmative match, CNCS or its grantee will attempt to manually verify the individual’s information. This manual verification process will include providing the individual 30 days to provide independent documentation of their SSN and/or citizenship status. If CNCS cannot manually verify the individual’s information, the individual will not meet eligibility requirements to participate in a CNCS national service program under the NCSA. CNCS will not refer individuals to SSA regarding their citizenship status. CNCS understands that SSA is not the custodian of U.S. citizenship records.
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Verification Procedures and Opportunity to Contest. A. Verification of Match Information 1. DNP will be responsible for the accuracy of DNP data at the time it is provided to the automated system. 2. The Parties agree that the occurrence of a match is not conclusive evidence that the individual or organization identified is the same person or organization identified in the search results.
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Verification Procedures and Opportunity to Contest 
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  • GRIEVANCE AND ARBITRATION PROCEDURES Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, may be subject to the grievance procedure as set forth in Article XV. A. Subject to any limitations of existing law, any grievance defined as a dispute concerning the application or interpretation of the terms of this Agreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner: Step 1- School or Office An employee may appear on their own behalf or be represented by an individual designated by the Union. The grievance shall be discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance. Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director of Elementary/Middle or Secondary School, as appropriate, or their designee on a form to be provided by the Board and approved by the Union within five (5) school days following the completion of Step 1. The appropriate Executive Director their designee shall meet with and discuss the grievance with the BTU President, or their designee, and the aggrieved employee within five (5) school days after written appeal. An answer to the grievance shall be submitted to the aggrieved employee and to the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or their designee within five (5) school days following the completion of Step 2. Within ten (10) school days of such appeal, the CEO or their designee shall meet with the BTU President, or their designee, the aggrieved employee, and such other parties whose presence may be required to discuss the grievance. The CEO or their designee shall respond in writing on the said form within ten (10) school days thereafter.

  • NEGOTIATION PROCEDURES A. At least sixty (60) days prior to the expiration of this Agreement, the parties will begin negotiations for a new Agreement covering wages, hours, terms and conditions of employment of employees covered by this Agreement. B. In any negotiations described in this article, neither party shall have control over the selection of the negotiating representatives of the other party and each party may select its representatives from within or outside the school district. It is recognized that no final Agreement between the parties may be executed without ratification by the Board and the Association. The parties mutually pledge that representatives selected by each shall be clothed with necessary power and authority to make proposals and concessions in the course of negotiations, subject only to such ultimate ratification. C. If the parties fail to reach an agreement in any such negotiations, either party may invoke the procedures established under Public Act 379 as amended. D. Members of the Association’s negotiating team and/or consultants thereto, who are employees of the Employer, shall be released from their normal duties without loss of salary when meetings of the two negotiating teams are scheduled during their normal working hours. E. The parties hereby agree that their Teams shall meet at least quarterly during the school year to attempt to resolve problems. The topics for these meetings shall be established by the group at the previous quarter’s meeting whenever possible. Topics will remain on the agendas until resolved or until deleted by mutual agreement. F. Prior to the establishment of any new position in the bargaining unit, the Employer shall notify the Association of such a contemplated action, and meet with the Association to negotiate workload for the position. This provision does not preclude the Employer’s ability to create and post positions. If the timing of the decision to establish the position precludes such a meeting, the Employer shall meet with the Association as soon as possible. The parties may agree that the position should be allowed to operate without a defined workload for some defined period of time to determine what a reasonable workload might be. G. By mutual consent of both parties any section of this agreement may be reopened.