7 CFR § 400.96 - Judicial review.

---
identifier: "/us/cfr/t7/s400.96"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 400.96 - Judicial review."
title_number: 7
title_name: "Agriculture"
section_number: "400.96"
section_name: "Judicial review."
chapter_name: "FEDERAL CROP INSURANCE CORPORATION, DEPARTMENT OF AGRICULTURE"
part_number: "400"
part_name: "GENERAL ADMINISTRATIVE REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 1506(1), 1506(o)."
cfr_part: "400"
---


# 400.96 Judicial review.

Except as provided in § 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]