7 C.F.R. § 400.766

Basis and applicability

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(a) This subpart sets forth the procedure for a participant to make a request for a final agency determination with respect to a:

(1) Provision of the Act;

(2) Provision of this part;

(3) Provision of a crop insurance policy re-insured by FCIC;

(4) Handbook, manual, memorandum, and a non-binding guidance document issued by FCIC; and

(5) Bulletins issued to AIPs.

(b) A final agency determination is applicable to only the party requesting such a determination.

(c)(1) A request for a final agency determination must be made as provided in § 400.767(a). FCIC will make a determination on the request not later than 90 days after receipt of the request.

(2)(i) A request for a administrative review of a final agency determination made under this section may be made by a producer or applicant in accordance with subpart J or an appeal may be made to NAD as provided in part 11 of this Title.

(ii) A request for a administrative review of a final agency determination made under this section may be made by a reinsured company.

(3) FCIC will provide a final agency determination with respect to the crop year in which the request is made. If the crop insurance policy or other FCIC action was effective in any of the immediately preceding three crop years, the participant may request a determination for such years. For example, for a request received in the 2027 crop year, FCIC will consider a request for a final agency determination for the 2027, 2026, 2025, and 2024 crop years. A request for an interpretation that is outside of this timeframe will not be considered.

(4) If statutory, regulatory, policy provision, or procedure has changed during the time period for which an interpretation is requested, FCIC will provide, at the request of the participant, a final agency determination for each such crop year.

[91 FR 16155, Apr. 1, 2026]

Notes of Decisions

Cited in 7 cases (6 in the last 5 years), 2019–2024 · leading case: Bachman Sunny Hill Fruit Farms v. Producers Agric. Ins. Co., 57 F.4th 536 (6th Cir. 2023).

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Bachman Sunny Hill Fruit Farms v. Producers Agric. Ins. Co., 57 F.4th 536 (6th Cir. 2023). · cites it 3× “As to the first, it notes that a binding agency determination may take the form of testimony from an RMA employee, see 7 C.F.R. § 400.766 (b)(1)(ii), and an RMA employee “testified unequivocally” at the arbitration that “the [handbooks] are ‘[not] part of the policy,’”…”

Terry R. Balvin v. Rain & Hail, LLC, 943 F.3d 1134 (8th Cir. 2019). “” 7 C.F.R. § 400.766 (b)(4). -5- the policy was subject to interpretation, but the interpretation dispute instead arose after the arbitration proceedings.”

M & T Farms v. Fed. Crop Ins. Corp., 103 F.4th 724 (9th Cir. 2024). “See 7 C.F.R. § 400.766 (b)(2) (FCIC interpretations are “binding on the parties to the dispute”).”

Producers Agric. Ins. Co. v. Finneman (D.S.D. 2024). · cites it 8× “at 1-2; 7 C.F.R. § 400.766 (b)(3)–(4). Before the FCIC responded to ProAg’s request, ProAg filed with the court on July 19, 2022, a petition to vacate, or, in the alternative, nullify the arbitration award.”

Edgar Miller v. U.S. Dep't of Agric. (6th Cir. 2023). · cites it 2× “7 C.F.R. § 400.766 (b)(2). Past 5 Case No.”

Dupree Farms, LLC v. Producers Agric. Ins. Co. (Bankr. E.D.N.C. 2024). · cites it 2× “On the basis of that interpretation, which is binding on the arbitrator under 7 C.F.R. § 400.766 (b)(2), ProAg 10 An FCIC interpretation and an FCIC determination are different matters.”

NAU Country Ins. Co. v. Alt's Dairy Farm, LLC (6th Cir. 2023). “An opportunity for nullification occurs when the parties and arbitrator did not seek an FCIC interpretation during an arbitration and should have, 7 C.F.R. § 400.766 (b)(4), or when a party disputes an interpretation after an award is rendered and a review determines that an…”

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