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7 CFR Part 768 — Equitable Relief

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PART 768—EQUITABLE RELIEF Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. Source: 87 FR 13124, Mar. 9, 2022, unless otherwise noted. § 768.1 Providing equitable relief. (a) If the Farm Service Agency (Agency or FSA) determines that a borrower is not in compliance with direct FO, OL, or EM requirements, the Agency may consider equitable relief as specified in this section: (1) Requirements. (i) Acted in good faith; and (ii) Relied on a material action, advice, or non-action from an Agency official to the detriment of the borrower's operation or the action approved by the Agency official resulted in the borrower becoming noncompliant with the loan program requirements. (2) Determination. (3) Relief. (i) The borrower may choose to keep loans at current rates or other terms received in association with the loan which was determined to be non-compliant. (ii) The borrower may receive other equitable relief as the Agency determines to be appropriate. (4) Conditions. (b) A determination or action of the Agency under this section is final and not subject to administrative appeal or judicial review. [87 FR 13124, Mar. 9, 2022, as amended at 89 FR 65062, Aug. 8, 2024; 91 FR 56775, Sept. 4, 2026] § 768.2 [Reserved]

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