[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR400.96]

[Page 20]
 
                          TITLE 7--AGRICULTURE
 
     CHAPTER IV--FEDERAL CROP INSURANCE CORPORATION, DEPARTMENT OF 
                               AGRICULTURE
 
PART 400--GENERAL ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart J--Appeal Procedure
 
Sec. 400.96  Judicial review.

    (a) With respect to adverse determinations:
    (1) A participant must exhaust administrative remedies before 
seeking judicial review of an adverse decision. This requires the 
participant to appeal an Agency adverse decision to NAD in accordance 
with 7 CFR part 11 prior to seeking judicial review of the adverse 
decision.
    (2) If the adverse decision involves a matter determined by the 
Agency to be not appealable, the appellant must request a determination 
of non-appealability from the Director of NAD, and appeal the adverse 
decision to NAD if the Director determines that it is appealable, prior 
to seeking judicial review.
    (3) A participant with a contract of insurance reinsured by the 
Agency may bring suit against the Agency if the suit involves an adverse 
action in a United States district court after exhaustion of 
administrative remedies as provided in paragraphs (a) and (b) of this 
section. Nothing in this section can be construed to create privity of 
contract between the Agency and a participant.
    (b) With respect to determinations regarding good farming practices, 
participants are not required to exhaust their administrative remedies 
before bringing suit against FCIC in a United States district court. Any 
determination by the Agency, or reviewing authority, regarding good 
farming practices shall not be reversed or modified as the result of 
judicial review unless the determination is found to be arbitrary or 
capricious.