§ 400.766 Basis and applicability.

(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.