[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR400.96]

[Page 18]
 
                          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.

    Except as provided in Sec. 400.98, with respect to adverse 
determinations:
    (a) 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.
    (b) 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.
    (c) 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 this section. Nothing in this 
section can be construed to create privity of contract between the 
Agency and a participant.

[67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003]