---
kind: "section"
citation: "7 C.F.R. § 400.96"
title: "7"
number: "400.96"
heading: "Judicial review."
url: "https://uscodex.org/cfr/7/400.96"
---

# §400.96. Judicial review.


Except as provided in [§ 400.98](/cfr/7/400.98.md), 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](/cfr/7/part11.md) 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.

## Notes

### Amendments

[67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003]

### Authority

Authority: 7 U.S.C. 1506(l) and 1506(p).

### Source

Source: 67 FR 13251, Mar. 22, 2002, unless otherwise noted.

### Authority

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

### Amendments

[67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003]