[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR780.2]

[Page 462-463]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 780--APPEAL REGULATIONS--Table of Contents
 
Sec. 780.2  Applicability.

    (a)(1) Except as provided in other regulations, this part applies to 
decisions made under programs and by agencies, as set forth herein:
    (i) Decisions in those domestic programs administered by the Farm 
Service Agency (FSA), and programs administered by FSA on behalf of the 
Commodity Credit Corporation (CCC) through State and county committees, 
which are generally set forth in chapters VII and XIV of this title;
    (ii) Technical decisions made by the Natural Resources Conservation 
Service (NRCS) under title XII of the Food Security Act of 1985, as 
amended;
    (iii) Decisions made by personnel of the Federal Crop Insurance 
Corporation (``FCIC'') or FSA with respect to contracts of insurance 
insured by FCIC and the noninsured crop disaster assistance program;
    (iv) Decisions made by personnel of FCIC or FSA with respect to 
contracts of insurance provided by private insurance carriers and 
reinsured by FCIC under the provisions of the Federal Crop Insurance 
Act; and
    (v) Other programs to which this part is made applicable by 
individual program regulations.
    (2) For covered programs, this part is applicable to any decision 
made by FSA and its State and county committees, CCC, FCIC, the 
personnel and agents of FSA, FCIC, or CCC, and by the officials of NRCS 
(to the extent provided in Sec. 780.9), except as otherwise may be 
provided in individual program requirements or by the Secretary.
    (3) This part is not applicable to any decision:
    (i) Made by FSA or FCIC with respect to any matter arising under the 
terms of the Standard Reinsurance Agreement between FCIC and any private 
insurance company reinsured by FCIC under the provisions of the Federal 
Crop Insurance Act, as amended; or
    (ii) Made by any private insurance company with respect to any 
contract of insurance issued to any producer by the private insurance 
company and reinsured by FCIC under the provisions of the Federal Crop 
Insurance Act, as amended. Those insurance contracts are subject to 
dispute resolution

[[Page 463]]

through arbitration or mediation in accordance with the contract terms.
    (b) With respect to matters identified in paragraph (a) of this 
section, participants may request reconsideration or appeal, under the 
provisions of this part, of decisions by an agency made with respect to:
    (1) Denial of participation in a program;
    (2) Compliance with program requirements;
    (3) Issuance of payments or other program benefits to a participant 
in a program;
    (4) Making payments or other benefits to an individual or entity who 
is not a participant in a program; or
    (5) Technical determinations by NRCS.
    (c) No reconsideration or appeal may be sought under this part of 
any general program provision or program policy, or any statutory or 
regulatory requirement that is applicable to all similarly situated 
participants.
    (d) Mathematical formulas established under a statute or program 
regulations, and decisions based solely on the application of those 
formulas, are not appealable under this part.
    (e) Only a participant may seek reconsideration or appeal under this 
part.