7 CFR 400.96 : Agriculture (§ 1.1 To Parts 4291-4299) — (Subparts A-F To Parts 662-699) — Regulations Of The Department Of Agriculture (Continued) (Subparts A-F To Parts 662-699) — Federal Crop Insurance Corporation, Department Of Agriculture (Subparts A-F To Parts 458-499) — General Administrative Regulations (Subparts A-F To § 400.768) — Appeal Procedure (§ 400.90 To § 400.98) — 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.