[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: 7CFR400.98]

[Page 18-19]
 
                          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. 400.98  Reconsideration process.

    (a) This reconsideration process only applies to determinations of 
good farming practices under Sec. 400.91(a)(2).
    (b) There is no appeal to NAD of determinations or reconsideration 
decisions regarding good farming practices.
    (c) Only reconsideration is available for determinations of good 
farming practices. Mediation is not available for determinations of good 
farming practices.
    (d) If the insured seeks reconsideration, the insured must file a 
written request for reconsideration to the following: USDA/RMA/Deputy 
Administrator for Insurance Services/Stop 0805, 1400 Independence Avenue 
SW., Washington, DC 20250-0801.
    (1) A request for reconsideration must be filed within 30 days of 
receipt of written notice of the determination regarding good farming 
practices. A request for reconsideration will be considered to have been 
``filed'' when personally delivered in writing to FCIC or when the 
properly addressed request, postage paid, is postmarked.
    (2) Notwithstanding paragraph (d)(1) of this section, an untimely 
request for reconsideration may be accepted and acted upon if the 
insured can demonstrate a physical inability to timely file the request 
for reconsideration.
    (3) The written request must state the basis upon which the insured 
relies to show that:
    (i) The decision was not proper and not made in accordance with 
applicable program regulations and procedures; or
    (ii) All material facts were not properly considered in such 
decision.
    (e) With respect to determinations of good farming practices, the 
insured is

[[Page 19]]

not required to exhaust the administrative remedies in 7 CFR part 11 
before bringing suit against FCIC in a United States district court. 
However, regardless of whether the Agency or the reinsured company makes 
the determination, the insured must seek reconsideration under Sec. 
400.98 before bringing suit against FCIC in a United States District 
Court. The insured cannot file suit against the reinsured company for 
determinations of good farming practices.
    (f) Any reconsideration decision by the Agency regarding good 
farming practices shall not be reversed or modified as a result of 
judicial review unless the reconsideration decision is found to be 
arbitrary or capricious.

[68 FR 37720, June 25, 2003]