§ 400.767 Request for a final agency determination.

(a) A request for a final agency determination must: (1) Be submitted to the Deputy Administrator as provided on RMA's website at www.rma.usda.gov through one of the following methods: (i) By certified mail or overnight delivery, to the Deputy Administrator, Risk Management Agency, United States Department of Agriculture, P.O. Box 419205, Kansas City, MO 64141-6205; or (ii) By electronic mail at subpartx@rma.usda.gov; (2) Identify and quote the specific provision in the Act, regulation, insurance policy provision, or procedure that is the subject of the request. The request for a final agency determination may pertain to only such provision unless other provisions are directly related to the subject provision; (3) State the crop, crop year(s), and plan of insurance applicable to the request; (4) State the name, address, and telephone number of a contact person for the request; (5) Contain the requestor's detailed interpretation of the specific provision of the Act, regulation, crop insurance policy, or procedure that is the subject of the request; and (6) Not contain any specific facts, alleged conduct, or hypothetical situations or the request will be returned to the requestor without consideration. (b) If multiple parties are involved in a dispute and have opposing interpretations of a matter that FCIC may consider under this subpart, a joint request for a final agency determination in one request is encouraged. If multiple insured entities are parties to the dispute, and the request for a final agency determination applies to all parties, one request may be submitted for all insured entities. In this case, the information required in paragraphs (a) and (c) of this section must be provided for each person. (c)(1) If the final agency determination will be used in a judicial, mediation, or arbitration proceeding, the requestor must identify: (i) The type of proceeding and the date the proceeding is scheduled to begin, or the earliest possible date the proceeding would likely begin if a specific date has not been established; and (ii) The name, address, telephone number, and or email address of a contact person for each party to the dispute; (2) A request for a final agency determination must be submitted not later than 90 days before the date the mediation, or arbitration proceeding in which the determination will be used is scheduled to begin unless the parties elect to use the expedited review process available under the AAA rules. (3)(i) FCIC will cooperate to the extent practicable to accommodate the schedule of a court, mediator, arbitrator, and NAD when a FCIC matter is pending before such entity. A party requesting a final agency determination should advise such entity that FCIC acts on requests for final agency determinations within 90 days but cannot provide an exact date on which such a determination will be issued. (ii) During litigation, mediation, arbitration, and appeals before NAD, if an issue arises and the presiding official determines that a final agency determination may assist in the resolution of the dispute, FCIC will honor a request for a final agency determination from such entity. Such a request should conform, to the extent practicable, to the provisions of paragraphs (a)(2) through (5) of this section. Such a determination is not binding on the presiding official and is a guidance document.