---
kind: "section"
citation: "7 C.F.R. § 400.768"
title: "7"
number: "400.768"
heading: "FCIC response."
url: "https://uscodex.org/cfr/7/400.768"
---

# §400.768. FCIC response.

- (a)
  - (1) FCIC will not provide a final agency determination for any request that contains specific factual information to situations or cases, such as acts or failures to act of any participant under the terms of a policy, procedure, or any reinsurance agreement. A properly filed request will be reviewed by FCIC and a final agency determination will be issued within 90 days of receipt of the request.
  - (2) FCIC will not consider any examples or hypotheticals provided in the request because those are fact-specific and could be construed as a finding of fact by FCIC. If an example or hypothetical is required to illustrate an interpretation, FCIC will provide the example in the interpretation.
- (b)
  - (1) If, in the sole judgment of FCIC, the request is unclear, ambiguous, or incomplete, FCIC will not provide a final agency determination and the requestor will be notified within 30 days of the date of receipt by FCIC that the request is unclear, ambiguous, or incomplete.
  - (2) When FCIC provides a notification under [paragraph (b)(1)](#b-1) of this section, the 90-day time period for FCIC to provide a response is stopped on the date FCIC issues the notification. On the date FCIC receives an acceptable request, FCIC has the balance of the days remaining in the 90-day time period to provide a final agency determination. For example, FCIC receives a request for a final agency determination on January 10. On February 10, FCIC issues a notification that the request is unclear. On March 10, FCIC receives an acceptable request. FCIC has 60 days from March 10, the balance of the 90-day time period, to provide a response.
- (c) If FCIC does not provide a response within 90 days of receipt of a request, the requested interpretation is applicable for the applicable crop year. Additionally, in the case of a joint request for a final agency determination when the requestors have differing interpretations, if FCIC does not provide a response within 90 days, neither party may assume their interpretation is correct.
- (d) When issuing a final agency determination, FCIC will not evaluate the insured, insurance provider, agent, or loss adjuster as it relates to their performance in following FCIC policy provisions.

## Notes

### Amendments

[91 FR 16155, Apr. 1, 2026]

### Authority

Authority: 7 U.S.C. 1506(l), 1506(o), and 1506(r).

### Source

Source: 83 FR 66581, Dec. 27, 2018, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 1506(1), 1506(o).

### Amendments

[91 FR 16155, Apr. 1, 2026]