§ 8790. Signature authority
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/usc/title-7/section-8790A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.
(b)Affirmation
(1)In general Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).
(2)No retroactive effect A denial of benefits based on a lack of affirmation under paragraph
(1)shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—
(A)relied on the prior approval by the Secretary of the documents in good faith; and
(B)substantively complied with all program requirements 1
(Pub. L. 110–234, title I, § 1617, May 22, 2008, 122 Stat. 1021; Pub. L. 110–246, § 4(a), title I, § 1617, June 18, 2008, 122 Stat. 1664, 1750.)
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- 1
- Pub. L. 110–234, title I, § 1617
- 122 Stat. 1021
- Pub. L. 110–246, § 4(a)
- 122 Stat. 1664
- Pub. L. 110–246
- Pub. L. 110–234
- section 4(a) of Pub. L. 110–246
- section 4 of Pub. L. 110–246
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§ 8790
Signature authority
Stat.×2
Stat. Comp.×1
Cite1
Pub. L.Pub. L. 110–234, title I, § 1617
Stat.122 Stat. 1021
Pub. L.Pub. L. 110–246, § 4(a)
Stat.122 Stat. 1664
Cites 10 · showing 6Cited by 3 across 2 sources