7 U.S.C. § 2008a — Equitable relief
submitted 8 years ago by Pub. L. 87-128 to r/title-7-AGRICULTURE · 260 words · no verdicts yet
This section covers equitable relief. (a) In general Subject to subsection (b), the Secretary may provide a form of relief described in subsection (c) to any farmer or rancher who— (1) received a direct farm ownership, operating, or emergency loan under this chapter; and (2) the Secretary determines is not in compliance with the requirements of this chapter with respect to the loan.
Subject to subsection (b), the Secretary may provide a form of relief described in subsection (c) to any farmer* or rancher who—
received a direct farm ownership, operating, or emergency loan under this chapter; and
the Secretary determines is not in compliance with the requirements of this chapter with respect to the loan.
The Secretary may only provide relief to a farmer or rancher under subsection (a) if the Secretary determines that the farmer or rancher—
acted in good faith; and
relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher.
The Secretary may provide to a farmer or rancher under subsection (a) any of the following forms of relief:
The farmer or rancher may retain loans or other benefits received in association with the loan with respect to which the farmer or rancher was determined to be noncompliant under subsection (a)(2).
The farmer or rancher may receive such other equitable relief as the Secretary determines to be appropriate.
As a condition of receiving relief under this section, the Secretary may require the farmer or rancher to take actions designed to remedy the noncompliance.
A determination or action of the Secretary under this section—
shall be final; and
shall not be subject to administrative appeal or judicial review under chapter 7 of title 5.
Source credit: (Pub. L. 87–128, title III, § 366, as added Pub. L. 115–334, title V, § 5305, Dec. 20, 2018, 132 Stat. 4672.)
- 2018Enacted · Pub. L. 87-128 · 132 Stat. 4672
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-128 on 2018-12-20.
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