---
kind: "section"
citation: "7 C.F.R. § 400.98"
title: "7"
number: "400.98"
heading: "Reconsideration process."
url: "https://uscodex.org/cfr/7/400.98"
---

# §400.98. Reconsideration process.

- (a) This reconsideration process only applies to determinations of good farming practices under [§ 400.91(a)(2)](/cfr/7/400.91.md?p=a-2).
- (b) A determination or reconsideration decision regarding good farming practices is not an adverse action and cannot be appealed to NAD.
- (c) **Only reconsideration is available for determinations of good farming practices.** Mediation is not available for determinations of good farming practices.
- (d) If the insured seeks reconsideration, the insured must file a written request for reconsideration to the following: USDA RMA Deputy Administrator for Insurance Services, Stop 0801, Room 2004-South ATTN: GFP RECONSIDERATION 1400 Independence Avenue SW Washington, DC 20250-0801, by email to rma.rmsd@usda.gov, or to a successor site or email.
  - (1) A request for reconsideration must be filed within 30 days of receipt of written notice of the determination regarding good farming practices. A request for reconsideration will be considered to have been “filed” when personally delivered in writing to FCIC or when the properly addressed request, postage paid, is postmarked.
  - (2) Notwithstanding [paragraph (d)(1)](#d-1) of this section, an untimely request for reconsideration may be accepted and acted upon if the insured can demonstrate a physical inability to timely file the request for reconsideration.
  - (3) Reconsideration of a good farming practice (GFP) determination will be limited to a closed review of the existing administrative record. The written request must state the basis upon which the insured relies to show that:
    - (i) The decision was not proper and not made in accordance with applicable program regulations and procedures; or
    - (ii) **The previously provided material facts were not properly considered in such decision.**
- (e) With respect to determinations of good farming practices, the insured is not required to exhaust the administrative remedies in [7 CFR part 11](/cfr/7/part11.md) before bringing suit against FCIC in a United States district court. However, regardless of whether the Agency or the reinsured company makes the determination, the insured must seek reconsideration under § 400.98 before bringing suit against FCIC in a United States District Court. The insured cannot file suit against the reinsured company for determinations of good farming practices.
- (f) Any reconsideration decision by the Agency regarding good farming practices shall not be reversed or modified as a result of judicial review unless the reconsideration decision is found to be arbitrary or capricious.

## Notes

### Amendments

[68 FR 37720, June 25, 2003, as amended at 89 FR 53828, June 27, 2024]

### 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

[68 FR 37720, June 25, 2003, as amended at 89 FR 53828, June 27, 2024]