SECTION 55.554. Memorandum of Agreement

(a) Each financial institution shall complete a memorandum of agreement for the purpose of exchanging information by way of an automated data exchange system implemented and managed by the Title IV-D agency. All data provided shall meet the standards as set forth in the "Financial Data Match Specifications Handbook," dated March 5, 1999. Multi-state financial institutions may choose to conduct the data match through OCSE, and are governed under §55.555 of this subchapter.

(b) The memorandum of agreement shall include all agreements, attachments to agreements, revised attachments, notices, financial institution record, and other documents related to the status of the agreement between the financial institution and the Title IV-D agency, and shall be governed by the following:

(1) All data and match results, including tapes or other media, shall be addressed to the Title IV-D agency or its agent for data processing as follows, or to such address as the Title IV-D agency shall later designate in writing: Tier Technologies, Bldg. 3 1st Floor, Suite 101, 171 Jersey St., Trenton, NJ 08611

(2) The financial institution shall submit and, as needed, update a schedule of the quarterly submission dates to the Title IV-D agency.

(3) The financial institution shall file an amended memorandum of agreement with the Title IV-D agency whenever information provided by the financial institution on the agreement changes and shall submit those changes to the Title IV-D agency within 30 days of the effective date of change.

(4) The financial institution shall file an amended memorandum of agreement if the financial institution is involved in any merger, acquisition, change of name, or any other transaction that could affect the financial institution's performance under the agreement.

(5) A memorandum of agreement commences on the date that the last required signature is affixed to it and continues in effect until terminated by mutual consent of the parties, as permitted by federal and state law.

(6) A memorandum of agreement may be amended in writing at any time by mutual consent of the parties.

(7) A memorandum of agreement must be signed by both the financial institution's authorized representative and by the financial institution's agent, if an agent is used to process data matches for the institution, and must include the FEINs for both the financial institution and the financial institution's agent.

(8) The financial institution shall designate a contact person, who may be an agent of the institution, to perform the data match on its behalf, and include the following information:

(A) title,

(B) street address,

(C) mailing address,

(D) e-mail address,

(E) telephone number, and

(F) facsimile number

(9) The financial institution shall provide the name of a contact person who will accept service for the institution of all legal notices resulting from this agreement and include the following information:

(A) title,

(B) financial institution name,

(C) street address,

(D) mailing address,

(E) e-mail address,

(F) telephone number, and

(G) facsimile number

(10) The financial institution shall provide the name of a contact person for resolution of lien and levy processing and include the following information:

(A) title

(B) financial institution name

(C) street address

(D) mailing address

(E) e-mail address

(F) telephone number, and

(G) facsimile number

(11) The financial institution shall identify its preferred media format for reporting to and receiving information from the Title IV-D agency's agent from the following options:

(A) 3480 or 3490 tape cartridges

(B) EBCDIC or ASCII format

(C) tape reel

(D) diskette - 3.5 or 5.25 inch

(E) CD-ROM

(F) DAT - 4mm or 8mm

(G) file transfer protocol

(H) internet

(I) CONNECT:Direct

(J) any other media format as authorized by the Title IV-D agency.

(12) The financial institution will indicate on the memorandum of agreement which week of the calendar quarter it will transmit data or perform the data match. Calendar quarters begin January 1, April 1, July 1 and October 1 of each year.

Source Note: The provisions of this §55.554 adopted to be effective August 15, 2001, 26 TexReg 6009