cfr_sections
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97 rows where part_number = 400 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:6.1.1.1.1.10.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.301 Basis, purpose, and applicability. | RMA | [62 FR 22876, Apr. 28, 1997] | The regulations contained in this subpart are issued pursuant to the Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq. ), to prescribe the procedures for nonstandard determinations and the assignment of assigned yields or premium rates in conformance with the intent of section 508 of the Act (7 U.S.C. 1508). These regulations are applicable to all policies of insurance insured or reinsured by the Corporation under the Act and on those policies where the insurance coverage or indemnities are based on determinations applicable to the individual insured. These regulations will not be applicable to any policy where the amount of coverage or indemnities are based on the experience of the area. | ||||
| 7:7:6.1.1.1.1.10.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.302 Definitions. | RMA | [55 FR 32595, Aug. 10, 1990, as amended at 62 FR 22876, Apr. 28, 1997] | Act means Federal Crop Insurance Act as amended (7 U.S.C. 1501 et seq. ). Actively engaged in farming means a person who, in return for a share of profits and losses, makes a contribution to the production of an insurable crop in the form of capital, equipment, land, personal labor, or personal management. Actual yield means total harvested production of a crop divided by the number of acres on which the crop was planted. For insured acres, actual yield is the total production to count as defined in the insurance policy, divided by insured acres. Assigned yield means units of crop production per acre administratively assigned by the Corporation for the purpose of determining insurance coverage. Corporation means the Federal Crop Insurance Corporation. Cumulative earned premium rate is the total premium earned for all years in the base period, divided by the total liability for all years in the base period with the result expressed as a percentage. Cumulative loss ratio means the ratio of total indemnities to total earned premiums during the base period expressed as a decimal. Earned premium means premium earned (both the amount subsidized and the amount paid by the producer, but excluding any amount of the subsidy attributed to the operating and administrative expenses of the insurance provider) for a crop under a policy insured or reinsured by the Corporation. Earned premium rate —means premium earned divided by liability and expressed as a percentage. Entity —means a person as defined in this subpart other than an individual. Indemnified loss means a loss applicable for the policy for any year during the NCS base period for which the total indemnity exceeds the total earned premium. If the person has insurance for the crop in more than one county for any crop year, indemnities and premiums will be accumulated for all counties for each crop year to determine an indemnified loss. Insurance experience means earned premiums, indemnities paid (but not including replant payments), and other data… | ||||
| 7:7:6.1.1.1.1.10.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.303 Initial selection criteria. | RMA | [55 FR 32595, Aug. 10, 1990, as amended at 62 FR 22876, Apr. 28, 1997] | (a) Nonstandard classification procedures in this subpart initially apply when all of the following insurance experience criteria (including any applicable adjustment in § 400.303(d)) for the crop have been met: (1) Three (3) or more indemnified losses during the NCS base period; (2) Cumulative indemnities in the NCS base period that exceed cumulative premiums during the same period by at least $500; (3) The result of dividing the number of indemnified losses during the NCS base period by the number of years premium is earned for that period equals .30 or greater; and (4) Either of the following apply: (i) The natural logarithm of the cumulative earned premium rate multiplied by the square root of the cumulative loss ratio equals 2.00 or greater; or (ii) Five (5) or more indemnified losses have occurred during the NCS base period and the cumulative loss ratio equals or exceeds 1.50. (b) The minimum standards provided in paragraphs (a) (2), (3), and (4) of this section may be increased in a specific county if that county's overall insurance experience for the crop is substantially different from the insurance experience for which the criteria was determined. The increased standard will apply until the conditions requiring the increase no longer apply. Any change in the standards will be contained in the Special Provisions for the crop. (c) Selection criteria may be applied on the basis of insurance experience of a person, insured acreage, or the combination of both. (1) Insurance experience of a person will include: (i) Insurance experience of the person; (ii) Insurance experience of other insured entities in which the person had substantial beneficial interest if the person was actively engaged in farming of the insured crop by virtue of the person's interest in those insured entities; (iii) Insurance experience of a spouse and minor children if the person is an individual and the spouse and minor children are considered the same as the individual under § 400.306. (2) Insurance experience of insured … | ||||
| 7:7:6.1.1.1.1.10.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.304 Nonstandard Classification determinations. | RMA | (a) Nonstandard Classification determinations can affect a change in assigned yields, premium rates, or both from those otherwise prescribed by the insurance actuarial tables. (b) Changes of assigned yields based on insurance experience of insured acreage (or of a person on specific insured acreage) will be based on the simple average of available actual yields from the insured acreage during the base period. (c) Changes of assigned yields based on insurance experience of a person without regard to any specific insured acreage will be determined by an assigned yield factor calculated by multiplying excess loss cost ratio by loss frequency and subtracting that product from 1.00 where: (1) Excess loss cost ratio is total indemnities divided by total liabilities for all years of insurance experience in the base period and the result of which is then reduced by the cumulative earned premium rate, expressed as a decimal, and (2) Loss frequency is the number of crop years in which an indemnity was paid divided by the number of crop years in which premiums were earned during the base period. (d) Changes of premium rates will be made to reflect premium rates that would have resulted in insurance experience during the base period with a loss ratio of 1.00 but: (1) A higher loss ratio than 1.00 may be used for premium rate determinations provided that the higher loss ratio is applied uniformly in a county; and (2) If a Nonstandard Classification change has been made to current assigned yields, insurance experience during the base period will be adjusted to reflect the affects of changed assigned yields before changes of premium rates are calculated based on that experience. (e) Once selection criteria have been met in any year, Nonstandard Classification adjustments will be made from year to year until no further changes are necessary in assigned yields or premium rates under the conditions set forth in § 400.304(f). In determining whether further changes are necessary, the eligibility criteria will be recomputed e… | |||||
| 7:7:6.1.1.1.1.10.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.305 Assignment of Nonstandard Classifications. | RMA | [55 FR 32595, Aug. 10, 1990, as amended at 62 FR 22877, Apr. 28, 1997] | (a) Assignment of a Nonstandard Classification of assigned yields, assigned yield factors, or premium rates shall be made on forms approved by the Corporation and included in the actuarial tables for the county. (b) Nonstandard classification assignment will be made each year, for the year identified on the assignment forms, and are not subject to change under the provisions of this subpart by the Corporation for that year when included in the actuarial tables for the county, except as a result of a request for reconsideration as provided in section 400.309, or as the result of appeals under 7 CFR part 11. (c) A nonstandard classification may be assigned to identified insurable acreage; a person; or to a combination of person and identified acreage for a crop or crop practice, type, variety, or crop option or amendment whereby: (1) Classifications assigned to identified insurable acreage apply to all acres of the insured crop grown on the identified acreage; (2) Classifications assigned to a person apply to all insurable acres of the insured crop on which the person and any entity in which the person has substantial beneficial interest is actively engaged in farming; and (3) Classifications assigned to a combination of a person and identified insurable acreage will only apply to those acres of the insured crop grown on the identified acreage on which the named person is actively engaged in producing such crop. | ||||
| 7:7:6.1.1.1.1.10.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.306 Spouses and minor children. | RMA | (a) The spouse and minor children of an individual are considered to be the same as the individual for purposes of this subpart except that: (1) The spouse who was actively engaged in farming in a separate farming operation prior to their marriage will be a separate person with respect to that separate farming operation so long as that operation remains separate and distinct from any farming operation conducted by the other spouse; (2) A minor child who is actively engaged in farming in a separate farming operation will be a separate person with respect to that separate farming operation if: (i) The parent or other entity in which the parent has a substantial beneficial interest does not have any interest in the minor's separate farming operation or in any production from such operation; (ii) The minor has established and maintains a separate household from the parent; (iii) The minor personally carries out the farming activities with respect to the minor's farming operation; and (iv) The minor establishes separate accounting and recordkeeping for the minor's farming operation. (b) An individual shall be considered to be a minor until the age of 18 is reached. Court proceedings conferring majority on an individual under 18 years of age will not change such individual's status as a minor. | |||||
| 7:7:6.1.1.1.1.10.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.307 Discontinuance of participation. | RMA | [62 FR 22877, Apr. 28, 1997] | If the person has discontinued participation in the crop insurance program, the person will still be included on the NCS list in the county until the person has discontinued participation as a policyholder or a person with a substantial beneficial interest in a policyholder for at least 10 consecutive crop years. The most recent nonstandard classification assigned will be continued from year to year until participation has been renewed for at least one crop year and at least three years of insurance experience have occurred in the current base period. A nonstandard classification will no longer be applicable to the person or the person on identified acreage if the Corporation determines the person is deceased. | ||||
| 7:7:6.1.1.1.1.10.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.308 Notice of Nonstandard Classification. | RMA | (a) The Corporation will give written notice to all persons to whom a Nonstandard Classification will be assigned. The notice will give the Nonstandard Classification and the person's rights and responsibilities according to this subpart. (b) The person, upon receiving notice from the Corporation, will be responsible for giving notice of the Nonstandard Classification to any other person with an insurable interest affected by the classification. The person will give notice to any other affected person: (1) Prior to the sales closing date if the other affected person has an established insurable interest at the time the classified person is notified by the Corporation; or (2) Prior to the Classified person's establishing an insurable interest of another person that will be affected by the classification. | |||||
| 7:7:6.1.1.1.1.10.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | O | Subpart O—Non-Standard Underwriting Classification System Regulations for the 1991 and Succeeding Crop Years | § 400.309 Requests for reconsideration. | RMA | [55 FR 32595, Aug. 10, 1990, as amended at 62 FR 22877, Apr. 28, 1997] | (a) Any person to be assigned a nonstandard classification under this subpart will be notified of and allowed not less that 30 days from the date notice is received to request reconsideration before the nonstandard classification becomes effective. The request will be considered to have been made when received, in writing, by the Corporation. (b) Upon receipt of a timely request for reconsideration from the person to whom the classification will be assigned, the Corporation will: (1) Review all information supplied by, and respond to all questions raised by the individual, or (2) In the absence of information and questions, review insurance experience and determinations for compliance with this subpart and report review results to the individual requesting reconsideration. (c) Upon review of a request for reconsideration, the classification to be assigned will be corrected for: (1) Errors and omissions in insurance experience; (2) Incorrect calculations under procedures in this subpart, and (3) Typographical errors. (d) If the review finds no cause for change, the classification will be assigned and placed on file in the actuarial tables for the county. (e) Any person not satisfied by a determination of the Corporation upon reconsideration may further appeal under the provisions of 7 CFR part 11. | ||||
| 7:7:6.1.1.1.1.11.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | P | Subpart P—Preemption of State Laws and Regulations | § 400.351 Basis and applicability. | RMA | The regulations contained in this subpart are issued pursuant to the Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq. ) (the Act), to prescribe the procedures for Federal preemption of State laws and regulations not consistent with the purpose, intent, or authority of the Act. These regulations are applicable to all policies of insurance, insured or reinsured by the Corporation, contracts, agreements, or actions authorized by the Act and entered into or issued by FCIC. | |||||
| 7:7:6.1.1.1.1.11.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | P | Subpart P—Preemption of State Laws and Regulations | § 400.352 State and local laws and regulations preempted. | RMA | [55 FR 23069, June 6, 1990, as amended at 69 FR 48730, Aug. 10, 2004] | (a) No State or local governmental body or non-governmental body shall have the authority to promulgate rules or regulations, pass laws, or issue policies or decisions that directly or indirectly affect or govern agreements, contracts, or actions authorized by this part unless such authority is specifically authorized by this part or by the Corporation. (b) The following is a non-inclusive list of examples of actions that State or local governmental entities or non-governmental entities are specifically prohibited from taking against the Corporation or any party that is acting pursuant to this part. Such entities may not: (1) Impose or enforce liens, garnishments, or other similar actions against proceeds obtained, or payments issued in accordance with the Federal Crop Insurance Act, these regulations, or contracts or agreements entered into pursuant to these regulations; (2) Tax premiums associated with policies issued hereunder; (3) Exercise approval authority over policies issued; (4) Levy fines, judgments, punitive damages, compensatory damages, or judgments for attorney fees or other costs against companies, employees of companies including agents and loss adjustors, or Federal employees arising out of actions or inactions on the part of such individuals and entities authorized or required under the Federal Crop Insurance Act, the regulations, any contract or agreement authorized by the Federal Crop Insurance Act or by regulations, or procedures issued by the Corporation (Nothing herein precludes such damages being imposed against the company if a determination is obtained from FCIC that the company, its employee, agent or loss adjuster failed to comply with the terms of the policy or procedures issued by FCIC and such failure resulted in the insured receiving a payment in an amount that is less than the amount to which the insured was entitled); or (5) Assess any tax, fee, or amount for the funding or maintenance of any State or local insolvency pool or other similar fund. The preceding list does not… | ||||
| 7:7:6.1.1.1.1.12.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.401 Basis and purpose and applicability. | RMA | [57 FR 46297, Oct. 8, 1992, as amended at 62 FR 28608, May 27, 1997] | (a) The regulations contained in this subpart are issued pursuant to the Act to prescribe procedures for the collection, use, and confidentiality of Social Security Numbers (SSN) and Employer Identification Numbers (EIN) and related records. (b) These regulations are applicable to: (1) All holders of crop insurance policies issued by FCIC under the Act and sold and serviced by local FSA offices. (2) All holders of crop insurance policies sold by insurance providers and all insurance providers, their contractors and subcontractors, including past and present officers and employees of such companies, their contractors and subcontractors. (3) Any agent, general agent, or company, or any past or present officer, employee, contractor or subcontractor of such agent, general agent, or company under contract to FCIC or an insurance provider for loss adjustment or any other purpose related to the crop insurance programs insured or reinsured by FCIC; and (4) All past and present officers, employees, elected officials, contractors, and subcontractors of FCIC and FSA. | ||||
| 7:7:6.1.1.1.1.12.1.10 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.410 Penalties. | RMA | [57 FR 46297, Oct. 8, 1992. Redesignated at 62 FR 28608, May 27, 1997] | Unauthorized disclosure of SSN's or EIN's by any person may subject that person, and the person soliciting the unauthorized disclosure, to civil or criminal sanctions imposed under various Federal statutes, including 26 U.S.C. 7613, 5 U.S.C. 552a, and 42 U.S.C. 408. | ||||
| 7:7:6.1.1.1.1.12.1.11 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.411 Obtaining personal records. | RMA | [57 FR 46297, Oct. 8, 1992. Redesignated and amended at 62 FR 28608, 28609, May 27, 1997] | Policyholders, agents, and loss adjusters in the crop insurance program will be able to review and correct their records as provided by the Privacy Act. Records may be requested by: (a) Mailing a signed written request to the headquarters office of FCIC; the FCIC Regional Service Office, or the insurance provider; or (b) Making a personal visit to the above mentioned establishments and showing valid identification. | ||||
| 7:7:6.1.1.1.1.12.1.12 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.412 Record retention. | RMA | [62 FR 28609, May 27, 1997] | (a) FCIC or the insurance provider will retain all records of policyholders for a period of not less than 3 years from the date of final action on a policy for the crop year, unless further maintenance of specific records is requested by FCIC. Final actions on insurance policies include conclusion of insurance events, such as the latest of termination of the policy, completion of loss adjustment, or satisfaction of claim. (b) The statute of limitations for FCIC contract claims may permit litigation to be instituted after the period of record retention. Destruction of records prior to the expiration of the statute of limitations will not provide a defense to any action by FCIC against any private insurance company. | ||||
| 7:7:6.1.1.1.1.12.1.13 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.413 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.12.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.402 Definitions. | RMA | [62 FR 28608, May 27, 1997] | Act. The Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq. ). Applicant. A person who has submitted an application for crop insurance coverage under the Act. Authorized person. Any current or past officer, employee, elected official, general agent, contractor, or loss adjuster of FCIC, the insurance provider, or any other government agency whose duties require access to administer the Act. Disposition of records. The act of removing and disposing of records containing a participant's SSN or EIN by FCIC, or the insurance provider. FCIC. The Federal Crop Insurance Corporation of the United States Department of Agriculture or any successor agency. FSA. The Farm Service Agency of the United States Department of Agriculture, or a successor agency. Insurance provider. A private insurance company approved by FCIC, or a local FSA office providing crop insurance coverage to producers participating in any program administered under the Act. Past officers and employees. Any officer or employee of FCIC or the insurance provider who leaves the employ of FCIC or the insurance provider subsequent to the effective date of this rule. Person. An individual, partnership, association, corporation, estate, trust, or other legal entity, and whenever applicable, a state, political subdivision, or an agency of a state. Policyholder. An applicant whose application for insurance under the crop insurance program has been accepted by FCIC or the insurance provider. Retrieval of records. Retrieval of a person's records by that person's SSN or EIN, or name. Safeguards. Methods of security to be employed by FCIC or the insurance provider to protect a participant's SSN or EIN from unlawful disclosure and access. Storage. The secured storing of records kept by FCIC or the insurance provider on computer disks or drives, computer printouts, magnetic tape, index cards, microfiche, microfilm, etc. Substantial beneficial interest. Any person having an interest of at least 10 percent in the applicant or policyho… | ||||
| 7:7:6.1.1.1.1.12.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.403 Required system of records. | RMA | [62 FR 28608, May 27, 1997] | Insurance providers are required to implement a system of records for obtaining, using, and storing documents containing SSN or EIN data before they accept or receive any applications for insurance. This data should include: name; address; city and state; SSN or EIN; and policy numbers which have been used by FCIC or the insurance provider. | ||||
| 7:7:6.1.1.1.1.12.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.404 Policyholder responsibilities. | RMA | [62 FR 28608, May 27, 1997] | (a) The policyholder or applicant for crop insurance must provide a correct SSN or EIN to FCIC or the insurance provider to be eligible for insurance. The SSN or EIN will be used by FCIC and the insurance provider in: (1) Determining the correct parties to the agreement or contract; (2) Collecting premiums or other amounts due FCIC or the insurance provider; (3) Determining the amount of indemnities; (4) Establishing actuarial data on an individual policyholder basis; and (5) Determining eligibility for crop insurance program participation or other United States Department of Agriculture benefits. (b) If the policyholder or applicant for crop insurance does not provide the correct SSN or EIN on the application and other forms where such SSN or EIN is required, FCIC or the reinsured company shall reject the application. (c) The policyholder or applicant is required to provide to FCIC or the insurance provider, the name and SSN or EIN of any individual or other entity: (1) holding or acquiring a substantial beneficial interest in such policyholder or applicant; or (2) having any interest in the policyholder or applicant and receiving separate benefits under another United States Department of Agriculture program as a direct result of such interest. (d) If a policyholder or applicant is using an EIN for a policy in an individual person's name, the SSN of the policyholder or applicant must also be provided. | ||||
| 7:7:6.1.1.1.1.12.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.405 Agent and loss adjuster responsibilities. | RMA | [62 FR 28609, May 27, 1997] | (a) The agent or loss adjuster shall provide his or her correct SSN to FCIC or the insurance provider, whichever is applicable, to be eligible to participate in the crop insurance program. The SSN will be used by FCIC and the insurance provider in establishing a database for the purposes of: (1) Identifying agents and loss adjusters on an individual basis; (2) Evaluating agents and loss adjusters to determine level of performance; (3) Determining eligibility for program participation; and (4) Collection of any amount which may be owed by the agent and loss adjuster to the United States. (b) If the loss adjuster contracting with FCIC to participate in the crop insurance program does not provide his or her correct SSN on forms or contracts where such SSN is required, the loss adjuster's contract will be cancelled effective on the date of refusal and the loss adjuster will be subject to suspension and debarment in accordance with the suspension and debarment regulations of the United States Department of Agriculture. (c) If the agent or loss adjuster contracting with an insurance provider, who is also a private insurance company, to participate in the crop insurance program does not provide his or her correct SSN on forms or contracts where such SSN is required, the premium subsidy payable for administrative and operating expenses under the Standard Reinsurance Agreement, or any other reinsurance agreement, will not be paid on those policies lacking the correct SSN. | ||||
| 7:7:6.1.1.1.1.12.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.406 Insurance provider responsibilities. | RMA | [62 FR 28609, May 27, 1997] | The insurance provider is required to collect and record the SSN or EIN on each application or on any other form required by FCIC. | ||||
| 7:7:6.1.1.1.1.12.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.407 Restricted access. | RMA | [62 FR 28609, May 27, 1997] | The Manager, other officer, or employee of FCIC or an authorized person may have access to the SSNs and EINs obtained pursuant to this subpart, only for the purpose of establishing and maintaining a system of records necessary for the effective administration of the Act. | ||||
| 7:7:6.1.1.1.1.12.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.408 Safeguards and storage. | RMA | [62 FR 28609, May 27, 1997] | Records must be maintained in secured storage with proper safeguards sufficient to enforce the restricted access provisions of this subpart. | ||||
| 7:7:6.1.1.1.1.12.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | Q | Subpart Q—General Administrative Regulations; Collection and Storage of Social Security Account Numbers and Employer Identification Numbers | § 400.409 Unauthorized disclosure. | RMA | [57 FR 46297, Oct. 8, 1992. Redesignated at 62 FR 28608, May 27, 1997] | Anyone having access to the records identifying a participant's SSN or EIN will abide by the provisions of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C), and section 6109(f), Internal Revenue Code of 1986 (26 U.S.C. 6109(f) and the Privacy Act of 1974 (5 U.S.C. 552a). All records are confidential, and are not to be disclosed to unauthorized personnel. | ||||
| 7:7:6.1.1.1.1.13.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.451 General. | RMA | [73 FR 76887, Dec. 18, 2008, as amended at 83 FR 25361, June 1, 2018] | (a) FCIC has implemented a system of administrative remedies in its efforts to ensure program compliance and prevent fraud, waste, and abuse within the Federal crop insurance program. Such remedies include civil fines and disqualifications under the authority of section 515(h) of the Act (7 U.S.C. 1515(h)); government-wide suspension and debarment under the authority of 48 CFR part 9, 48 CFR part 409, and 2 CFR parts 180 and 417; and civil fines and assessments under the authority of the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812). (b) The provisions of this subpart apply to all participants in the Federal crop insurance program, including but not limited to producers, agents, loss adjusters, approved insurance providers and their employees or contractors, as well as any other persons who may provide information to a program participant and meet the elements for imposition of one or more administrative remedies contained in this subpart. (c) Any remedial action taken pursuant to this subpart is in addition to any other actions specifically provided in applicable crop insurance policies, contracts, reinsurance agreements, or other applicable statutes and regulations. (d) This rule is applicable to any violation occurring on and after January 20, 2009. (e) The purpose of the remedial actions authorized in this subpart are for the protection of the public interest from potential harm from persons who have abused the Federal crop insurance program, maintaining program integrity, and fostering public confidence in the program. | ||||
| 7:7:6.1.1.1.1.13.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.452 Definitions. | RMA | [73 FR 76887, Dec. 18, 2008] | For purposes of this subpart: Act. Has the same meaning as the term in section 1 of the Common Crop Insurance Policy Basic Provisions (7 CFR 457.8). Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or, a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the disqualification, suspension or debarment of a person which has the same or similar management, ownership, or principal employees as the disqualified, suspended, debarred, ineligible, or voluntarily excluded person. Agency. The person authorized by an approved insurance provider, or its designee, to sell and service a crop insurance policy under the Federal crop insurance program. Agent. Has the same meaning as the term in 7 CFR 400.701. Agricultural commodity. Has the same meaning as the term in section 1 of the Common Crop Insurance Policy Basic Provisions (7 CFR 457.8). Approved insurance provider. Has the same meaning as the term in 7 CFR 400.701. Benefit. Any advantage, preference, privilege, or favorable consideration a person receives from another person in exchange for certain acts or considerations. A benefit may be monetary or non-monetary. FCIC. Has the same meaning as the term in 7 CFR 400.701. Key employee. Any person with primary management or supervisory responsibilities or who has the ability to direct activities or make decisions regarding the crop insurance program. Knows or has reason to know. When a person, with respect to a claim or statement: (1)(i) Has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (ii) Acts in deliberate ignorance of the truth or falsity of the claim or statement; or (iii) Acts in reckless disregard of the truth or falsity of the claim or state… | ||||
| 7:7:6.1.1.1.1.13.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.453 Exhaustion of administrative remedies. | RMA | All administrative remedies contained herein or incorporated herein by reference must be exhausted before Judicial Review in the United States Courts may be sought, unless review is specifically required by statute. | |||||
| 7:7:6.1.1.1.1.13.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.454 Disqualification and civil fines. | RMA | [73 FR 76888, Dec. 18, 2008, as amended at 84 FR 52997, Oct. 4, 2019; 86 FR 67835, Nov. 30, 2021] | (a) Before any disqualification or civil fine is imposed, FCIC will provide the affected participants and other persons with notice and an opportunity for a hearing on the record in accordance with 7 CFR part 1, subpart H. (1) Proceedings will be initiated when the Manager of FCIC files a complaint with the Hearing Clerk, United States Department of Agriculture. (2) Disqualifications become effective: (i) On the date specified in the order issued by the Administrative Law Judge or Judicial Officer, as applicable, or if no date is specified in the order, the date that the order was issued. (ii) With respect to a settlement agreement with FCIC, the date contained in the settlement agreement or, if no date is specified, the date that such agreement is executed by FCIC. (3) Disqualification and civil fines may only be imposed if a preponderance of the evidence shows that the participant or other person has met the standards contained in § 400.454(b). FCIC has the burden of proving that the standards in § 400.454(b) have been met. (4) Disqualification and civil fines may be imposed regardless of whether FCIC or the approved insurance provider has suffered any monetary losses. However, if there is no monetary loss, disqualification will only be imposed if the violation is material in accordance with § 400.454(c). (b) Disqualification and civil fines may be imposed on any participant or person who willfully and intentionally: (1) Provides any false or inaccurate information to FCIC or to any approved insurance provider with respect to a policy or plan of insurance authorized under the Act either through action or omission to act when there is knowledge that false or inaccurate information is or will be provided; or (2) Fails to comply with a requirement of FCIC. (c) When imposing any disqualification or civil fine: (1) The gravity of the violation must be considered when determining: (i) Whether to disqualify a participant or other person; (ii) The amount of time that a participant or other person should be… | ||||
| 7:7:6.1.1.1.1.13.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.455 Governmentwide debarment and suspension (procurement). | RMA | [73 FR 76890, Dec. 18, 2008] | (a) For all transactions undertaken pursuant to the Federal Acquisition Regulations, FCIC will proceed under 48 CFR part 9, subpart 9.4 or 48 CFR part 409 when taking action to suspend or debar persons involved in such transactions, except that the authority to suspend or debar under these provisions will be reserved to the Manager of FCIC, or the Manager's designee. (b) Any person suspended or debarred under the provisions of 48 CFR part 9, subpart 9.4 or 48 CFR part 409 will not be eligible to contract with FCIC or the Risk Management Agency and will not be eligible to participate in or receive any benefit from any program under the Act during the period of ineligibility. This includes, but is not limited to, being employed by or contracting with any approved insurance provider that sells, services, or adjusts policies offered under the authority of the Act. FCIC may waive this provision if it is satisfied that the person who employs the suspended or debarred person has taken sufficient action to ensure that the suspended or debarred person will not be involved, in any way, with FCIC or receive any benefit from any program under the Act. | ||||
| 7:7:6.1.1.1.1.13.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.456 Governmentwide debarment and suspension (nonprocurement). | RMA | [73 FR 76890, Dec. 18, 2008, as amended at 83 FR 25361, June 1, 2018] | (a) FCIC will proceed under 2 CFR parts 180 and 417 when taking action to suspend or debar persons involved in non-procurement transactions. (b) Any person suspended or debarred under the provisions of 2 CFR parts 180 and 417, will not be eligible to contract with FCIC or the Risk Management Agency and will not be eligible to participate in or receive any benefit from any program under the Act during the period of ineligibility. This includes, but is not limited to, being employed by or contracting with any approved insurance provider, or its contractors, that sell, service, or adjust policies either insured or reinsured by FCIC. FCIC may waive this provision if it is satisfied that the approved insurance provider or contractors have taken sufficient action to ensure that the suspended or debarred person will not be involved in any way with the Federal crop insurance program or receive any benefit from any program under the Act. (c) The Manager, FCIC, shall be the debarring and suspending official for all debarment or suspension proceedings undertaken by FCIC under the provisions of 2 CFR parts 180 and 417. | ||||
| 7:7:6.1.1.1.1.13.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.457 Program Fraud Civil Remedies Act. | RMA | [58 FR 53110, Oct. 14, 1993, as amended at 73 FR 76891, Dec. 18, 2008] | (a) This section is in accordance with the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-U.S.C. 3831) which provides for civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to Federal authorities or to their agents. (b) Proceedings under this section will be in accordance with subpart L of 7 CFR part 1, “Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986.” (c) The Director, Appeals and Litigation Staff, FCIC, or the Director's designee, is authorized to serve as Agency Fraud Claims Officer for the purpose of implementing the requirements of this section. (d) Civil penalties and assessments imposed pursuant to this section are in addition to any other remedies that may be prescribed by law or imposed under this subpart. | ||||
| 7:7:6.1.1.1.1.13.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | § 400.458 Scheme or device. | RMA | [60 FR 37324, July 20, 1995, as amended at 73 FR 76891, Dec. 18, 2008] | (a) In addition to the penalties specified in this part, if a person has knowingly adopted a material scheme or device to obtain catastrophic risk protection, other plans of insurance coverage, or noninsured assistance benefits to which the person is not entitled, has evaded the provisions of the Federal Crop Insurance Act, or has acted with the purpose of evading the provisions of the Federal Crop Insurance Act, the person shall be ineligible to receive any and all benefits applicable to any crop year for which the scheme or device was adopted. (b) A scheme or device may include, but is not limited to, creating or using another entity, or concealing or providing false information with respect to your interest in the policyholder, to evade: (1) Suspension, debarment, or disqualification from participation in the program; or (2) Ineligibility for a delinquent debt owed to FCIC or the insurance company. | ||||
| 7:7:6.1.1.1.1.13.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | R | Subpart R—Administrative Remedies for Non-Compliance | §§ 400.459-400.500 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.15.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | § 400.650 Purpose. | RMA | [61 FR 42975, Aug. 20, 1996, as amended at 68 FR 37721, June 25, 2003] | The Reform Act requires FCIC to implement a crop insurance program that offers several levels of insurance coverage for producers. These levels of protection include catastrophic risk protection, and additional coverage insurance. This subpart provides notice of the availability of these crop insurance options and establishes provisions and requirements for implementation of the insurance provisions of the Reform Act. | ||||
| 7:7:6.1.1.1.1.15.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | § 400.651 Definitions. | RMA | [61 FR 42975, Aug. 20, 1996, as amended at 63 FR 40634, July 30, 1998; 64 FR 40742, July 28, 1999; 68 FR 37721, June 25, 2003] | Act. The Federal Crop Insurance Act, as amended (7 U.S.C. 1501 et seq. ). Additional coverage. A level of coverage greater than catastrophic risk protection. Administrative fee. An amount the producer must pay for catastrophic, and additional coverage each crop year on a per crop and county basis as specified in the Basic Provisions or the Catastrophic Risk Protection Endorsement. Approved insurance provider. A private insurance company, including its agents, that has been approved and reinsured by FCIC to provide insurance coverage to producers participating in the Federal crop insurance program. Approved yield. The actual production history (APH) yield, calculated and approved by the verifier, used to determine the production guarantee by summing the yearly actual, assigned, adjusted or unadjusted transitional yields and dividing the sum by the number of yields contained in the database, which will always contain at least four yields. The database may contain up to 10 consecutive crop years of actual or assigned yields. The approved yield may have yield adjustments elected under applicable policy provisions, or other limitations according to FCIC approved procedures applied when calculating the approved yield. Catastrophic risk protection. The minimum level of coverage offered by FCIC which is required before a person may qualify for certain other USDA program benefits unless the producer executes a waiver of any eligibility for emergency crop loss assistance in connection with the crop. For the 1995 through 1998 crop years, such coverage will offer protection equal to fifty percent (50%) of the approved yield indemnified at sixty percent (60%) of the expected market price, or a comparable coverage as established by FCIC. For the 1999 and subsequent crop years, such coverage will offer protection equal to fifty percent (50%) of the approved yield indemnified at fifty-five percent (55%) of the expected market price, or a comparable coverage as established by FCIC. Catastrophic Risk Protection Endors… | ||||
| 7:7:6.1.1.1.1.15.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | § 400.652 Insurance availability. | RMA | [61 FR 42975, Aug. 20, 1996, as amended at 68 FR 37721, June 25, 2003] | (a) If sufficient actuarial data are available, FCIC will offer catastrophic risk protection, and additional coverage plans of insurance to indemnify persons for FCIC insured or reinsured crop loss due to loss of yield or prevented planting, if the crop loss or prevented planting is due to an insured cause of loss specified in the applicable crop insurance policy. (b) Catastrophic risk protection coverage may be offered through approved insurance providers and through local offices of the Farm Service Agency specified by the Secretary. Additional coverage will only be offered through approved insurance providers unless there is not a sufficient number of approved insurance providers that offer such insurance within a service area. (c) A person must obtain at least catastrophic risk protection for the crop on all insurable acreage in the county in which the person has a share on or before the sales closing date designated by FCIC for the crop in the county in order to satisfy the linkage requirements unless the producer executes a waiver of any eligibility for emergency crop loss assistance in connection with the crop. (d) For additional coverage, in areas where insurance is not available for a particular agricultural commodity that is insurable elsewhere, FCIC may enter into a written agreement with a person to insure the commodity, provided that the person has actuarially sound data relating to the production of the commodity that is acceptable to FCIC and that such written agreement is specifically allowed by the crop insurance regulations applicable to the crop. (e) Failure to comply with all provisions of the policy constitutes a breach of contract and may result in ineligibility for certain other farm program benefits for that crop year and any benefit already received must be refunded. If a producer breaches the insurance contract, the execution of a waiver of eligibility for emergency crop loss assistance will not be effective for the crop year in which the breech occurred. | ||||
| 7:7:6.1.1.1.1.15.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | § 400.653 Determining crops of economic significance. | RMA | [61 FR 42975, Aug. 20, 1996, as amended at 64 FR 40742, July 28, 1999] | To be eligible for certain other program benefits under § 400.655 the following conditions will apply with respect to crops of economic significance if the producer does not execute a waiver of any eligibility for emergency crop loss assistance in connection with the crop. (a) If a producer planted a crop of economic significance in the preceding crop year, and does not intend to plant the same crop in the present crop year, the producer does not have to obtain insurance coverage or execute a waiver of any eligibility for emergency crop loss assistance in connection with the crop in the present crop year to comply with the linkage requirements. However, if the producer later decides to plant that crop, the producer will be unable to obtain insurance after the sales closing date and must execute a waiver of any eligibility for emergency crop loss assistance in connection with the crop to be eligible for benefits as specified in § 400.655. Failure to execute such a waiver will require the producer to refund any benefits already received under a program specified in § 400.655. (b) The producer is initially responsible to determine the crops of economic significance in the county. The insurance provider may assist the producer in making these initial determinations. However, these determinations will not be binding on the insurance provider. To determine the percentage value of each crop: (1) Multiply the acres planted to the crop times the producer's share, times the approved yield, and times the price; (2) Add the values of all crops grown by the producer (in the county); and (3) Divide the value of the specific crop by the result of paragraph (b)(2). (c) The producer may use the type of price, such as the current local market price, futures price, established price, highest amount of insurance, etc., for the price when calculating the value of each crop, provided that the producer uses the same type of price for all crops in the county. (d) The producer may be required to justify the calculation and provide… | ||||
| 7:7:6.1.1.1.1.15.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | § 400.654 Application and acreage report. | RMA | [61 FR 42975, Aug. 20, 1996, as amended at 64 FR 40742, July 28, 1999; 68 FR 37721, June 25, 2003] | (a) To participate in catastrophic risk protection, or additional coverage plans of insurance, a producer must submit an application for insurance on or before the applicable sales closing date. (b) In order to remain eligible for certain farm programs, as specified in § 400.655, a producer must obtain at least catastrophic risk protection on all crops of economic significance, if catastrophic risk protection is available in the county, unless the producer executes a waiver of any eligibility for emergency crop loss assistance in connection with the crop. (c) Notwithstanding the requirements of § 400.654(a) that applications for insurance be submitted on or before the applicable sales closing date, FCIC may permit a producer to insure crops other than those specified on the application under the following conditions: (1) The producer must be unable to plant the intended crop or it is not practical to replant a failed crop before the final planting date. FCIC will take into consideration marketing windows when determining whether it was not practical to replant. (2) Conditions must exist to warrant allowing a producer to insure crops other than the intended crop. (3) The producer must submit an application for the substitute crop on or before the acreage reporting date for the substitute crop and pay any applicable administrative fee. A producer may not substitute a crop that the producer planted in the preceding crop year unless that crop was listed on a timely filed application for the current crop year. (4) If the producer plants a substitute crop that is a crop of economic significance, the producer must obtain CAT coverage, if available, to comply with the linkage requirements specified in § 400.655. The producer may not substitute a crop under this provision if the producer has signed or intends to sign a waiver for emergency crop loss assistance for the crop year. (5) The substitute crop must be planted on or before the final planting date or within the late planting period, if applicable, for the su… | ||||
| 7:7:6.1.1.1.1.15.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | § 400.655 Eligibility for other program benefits. | RMA | [61 FR 42975, Aug. 20, 1996. Redesignated at 63 FR 40634, July 30, 1998] | The producer must obtain at least catastrophic coverage for each crop of economic significance in the county in which the producer has an insurable share, if insurance is available in the county for the crop, unless the producer executes a waiver of any eligibility for emergency crop loss assistance in connection with the crop, to be eligible for: (a) Benefits under the Agricultural Market Transition Act; (b) Loans or any other USDA provided farm credit, including: guaranteed and direct farm ownership loans, operating loans, and emergency loans under the Consolidated Farm and Rural Development Act provided after October 13, 1994; and (c) Benefits under the Conservation Reserve Program derived from any new or amended application or contract executed after October 13, 1994. | ||||
| 7:7:6.1.1.1.1.15.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | T | Subpart T—Federal Crop Insurance Reform, Insurance Implementation | §§ 400.656-400.657 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.16.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.675 Purpose. | RMA | This subpart prescribes conditions under which a person may be determined to be ineligible to participate in any program administered under the authority of the Federal Crop Insurance Act. This subpart also establishes the criteria for regaining eligibility. | |||||
| 7:7:6.1.1.1.1.16.1.10 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.684 Effect of ineligibility. | RMA | (a) The effect of ineligibility depends on the basis for the determination. (1) Persons who are ineligible as a result of a delinquent debt are ineligible for crop insurance authorized under the Act for a certain time period in accordance with § 400.683. Filing for bankruptcy does not make the person eligible for crop insurance or preclude the ineligible person from being placed on the ITS in accordance with § 400.684(b)(1). (2) Persons who are ineligible as a result of a suspension or debarment are precluded from: (i) Participating in all programs authorized under the Act, including but not limited to: (A) Obtaining crop insurance; (B) Acting as an agent, loss adjuster, insurance provider, or affiliate, as defined in the Standard Reinsurance Agreement or Livestock Price Reinsurance Agreement, or successor agreements; (C) Entering into any contracts with FCIC under sections 506(l) and section 522(c) of the Act; and (D) Entering into any cooperative agreements or partnerships under sections 506(l), 522(d) and 524(a) of the Act; and (ii) Participating in any other covered transaction as specified in 2 CFR part 180 and 2 CFR part 417. (3) Persons who are ineligible because of disqualification under section 515(h) of the Act are precluded from participating in all programs authorized under the Act indicated in paragraph (a)(2)(i) of this section, and those listed in section 515(h)(3)(B) and (C) of the Act. (4) Individuals who are ineligible because of a conviction of a violation of the controlled substance provisions or are not a United States citizen, United States non-citizen national, or a qualified alien are precluded from participating in any program authorized under the Act indicated in paragraph (a)(2)(i) of this section. (5) Persons who are ineligible as a result of a conviction falling under 7 U.S.C. 2209j, are precluded from participating in any program offered by USDA. (b) Once a person has been determined to be ineligible: (1) The ineligible person will be placed on the ITS and may be reporte… | |||||
| 7:7:6.1.1.1.1.16.1.11 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.685 Criteria for regaining eligibility. | RMA | [79 FR 2079, Jan. 13, 2014, as amended at 79 FR 37161, July 1, 2014] | After the period of ineligibility as specified in § 400.683 has ended, the ineligible person is eligible to participate in programs authorized under the Act, provided the person meets all eligibility requirements. (a) After a person regains eligibility for crop insurance when their policy was terminated or voided, the person must submit a new application for crop insurance coverage on or before the applicable sales closing date to obtain insurance coverage for the crop. If the date of regaining eligibility occurs after the applicable sales closing date for the crop, the person may not participate until the following year unless that crop policy allows for applications to be accepted after the sales closing date. (b) If a person who was determined ineligible according to this subpart is subsequently determined to be an eligible person for crop insurance through reinstatement, mediation, arbitration, appeal, or judicial review, such person's policies will be reinstated effective at the beginning of the crop year for which the producer was determined ineligible, and such person will be entitled to all applicable benefits under such policies, provided the person meets all eligibility requirements and complies with the terms of the policy. | ||||
| 7:7:6.1.1.1.1.16.1.12 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.686 Administration and maintenance. | RMA | (a) Ineligible producer data will be maintained in a system of records established and maintained by the Risk Management Agency in accordance with the Privacy Act (5 U.S.C. 552a). (1) The ITS contains identifying information of the ineligible person, including but not limited to, name, address, telephone number, SSN or EIN, reason for ineligibility, and time period of ineligibility. (2) Information in the ITS may be used by an authorized person. The information may be furnished to other users as may be appropriate or required by law or regulation, including but not limited to, FCIC contracted agencies, other government agencies, credit reporting agencies, and collection agencies, and in response to judicial orders in the course of litigation. The individual information may be made available in the form of various reports and notices. (3) Supporting documentation regarding the determination of ineligibility and reinstatement or regaining of eligibility will be maintained by FCIC, or its contractors, insurance providers, Federal agencies, and State agencies. This documentation will be maintained and retained consistent with the electronic information contained within the ITS. (b) Information may be entered into the ITS by FCIC employees or contractors, or insurance providers. (c) All persons applying for crop insurance policies or with an existing policy, issued or reinsured by FCIC, will be subject to validation of their eligibility status against the ITS. Applications, transfers, or benefits approved and accepted are considered approved or accepted subject to review of eligibility status in accordance with this subpart. (d) Insurance providers, partners, cooperators, and contractors must check to ensure that the persons with whom they are doing business are eligible to participate in the programs authorized under the Act. Insurance providers, partners, cooperators, and contractors must check the ITS but the ITS may not include all persons ineligible to receive government benefits, such as persons debarred, … | |||||
| 7:7:6.1.1.1.1.16.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.676 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.16.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.677 Definitions. | RMA | [79 FR 2079, Jan. 13, 2014, as amended at 81 FR 42472, June 30, 2016] | As used in this subpart: Act means the Federal Crop Insurance Act (7 U.S.C. 1501-1524). Applicant means a person who has submitted an application for crop insurance coverage under the Act. Authorized person means any current or past officer, employee, elected official, managing general agent, agent, or contractor of an insurance provider, FCIC, or any other government agency whose duties require access to the ITS to administer the Act. Controlled substance has the same meaning provided in 7 CFR 3021.610. Conviction means a judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of no contest. Date of delinquency means: The termination date specified in the applicable policy for administrative fees and premiums owed for insurance issued under the authority of the Act, and any interest and penalties on those amounts, if applicable; and the due date specified in the notice to the person of the amount due for any other amounts due the insurance provider or FCIC for insurance issued under the authority of the Act. Other amounts due include, but are not limited to, indemnities, prevented planting payments, or replant payments found not to have been earned or that were overpaid, premium billed with a due date after the termination date for the crop year in which premium is earned, and any interest, administrative fees, and penalties on such amounts, if applicable. Payments postmarked or received before the date of delinquency by the insurance provider or its agent for debts owed to the insurance provider, or by FCIC for debts owed to FCIC, are not delinquent. Debt means an amount of money that has been determined to be owed by any person to FCIC or an insurance provider, excluding money owed to an insurance provider's agent, under any program administered under the Act. The debt may have arisen from nonpayment of interest, penalties, premium, or administrative fee; overpayment of indemnity, prevented… | ||||
| 7:7:6.1.1.1.1.16.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.678 Applicability. | RMA | This subpart applies to any program administered under the authority of the Act, including but not limited to: (a) The catastrophic risk protection plan of insurance; (b) The additional coverage plans of insurance as authorized under section 508(c) of the Act; (c) Private insurance products authorized under section 508(h) or 523(d) of the Act and reinsured by FCIC; and (d) Persons entering contracts or cooperative agreements under sections 506(l), 522(c), 522(d), or 524(a) of the Act. | |||||
| 7:7:6.1.1.1.1.16.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.679 Criteria for ineligibility. | RMA | [79 FR 2079, Jan. 13, 2014, as amended at 79 FR 37161, July 1, 2014; 81 FR 42472, June 30, 2016] | Except as otherwise provided, a person is ineligible to participate in any program administered under the authority of the Act if the person meets one or more of the following criteria: (a) Has a delinquent debt: (1) The existence and delinquency of the debt must be verifiable. (2) The person has to be provided a meaningful opportunity to contest the debt. (3) If the person contests the debt, such action does not delay or preclude: (i) Effect of the determination of ineligibility; (ii) Determination or notification of ineligibility in accordance with § 400.682; (iii) Termination of the applicable crop insurance policies; or (iv) Ineligible persons being reported in accordance with § 400.682 or the ineligible persons being recorded in the ITS. (4) If the person is determined not to owe the debt, eligibility is reinstated retroactive to the date of the determination of ineligibility, any applicable policies will be reinstated, and any applicable indemnity, prevented planting or replant payment earned may be paid provided the person has continued to comply with the terms of the policy; (b) Is an individual and has been convicted of a controlled substance violation according to § 400.680; (c) Has been disqualified under section 515(h) of the Act.; (d) Is an individual and is not a United States citizen, United States non-citizen national, or a qualified alien. Such individuals may not be recorded in the ITS; however, such individuals are ineligible under the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. 1611; (e) Has been suspended or debarred for committing a crime specified in 2 CFR part 180 or 2 CFR part 417, or 7 U.S.C. 2209j (Ineligibility determinations will not be stayed pending review. However, reversal of the determination of ineligibility will reinstate eligibility retroactive to the date of the determination of ineligibility, and any applicable policies will be reinstated); (f) Has been debarred for knowingly doing business with a person d… | ||||
| 7:7:6.1.1.1.1.16.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.680 Controlled substance. | RMA | (a) This section implements section 1764 of the Food Security Act of 1985 (Pub. L. 99-198) and Chapter 13 of Title 21 requiring the denial of Federal Benefits, including crop insurance, to individuals convicted of controlled substance violations in accordance with paragraphs (b) and (c) of this section. (b) Notwithstanding any other provision of law, an individual will be ineligible to participate in any program authorized under the Act, as provided in § 400.683, if the individual is convicted under Federal or State law of planting, cultivating, growing, producing, harvesting, or storing a controlled substance in any crop year. (c) Notwithstanding any other provision of law, an individual may, as determined by the court, be ineligible to participate in any program authorized under the Act, as provided in § 400.683, if the person is convicted under Federal or State law of possession of or trafficking in a controlled substance. | |||||
| 7:7:6.1.1.1.1.16.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.681 Written payment agreement. | RMA | (a) Written payment agreements shall: (1) Require scheduled installment payments that will allow for full repayment of the debt within the time frame allotted in paragraph (a)(2) of this section; (2) Not exceed two years in duration; and (3) Not be modified, replaced, or consolidated after it has been executed in accordance with paragraph (b) of this section. (b) To avoid being determined to be ineligible through the execution of a written payment agreement: (1) For a debt arising from any unpaid premium, administrative fees, or catastrophic risk protection fees: (i) Only one written payment agreement is permitted per termination date. A written payment agreement may cover multiple crops provided they all have the same termination date; and (ii) The written payment agreement must be signed by both parties, the debtor and the insurance provider or FCIC, as applicable, on or before the termination date specified in the applicable policy to prevent an ineligible determination for a delinquent debt. (2) For all other debts, the written payment agreement must be signed by both parties, the debtor and the insurance provider or FCIC, as applicable, on or before the due date specified in the notice to the person of the amount due to prevent an ineligible determination for a delinquent debt. | |||||
| 7:7:6.1.1.1.1.16.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.682 Determination and notification. | RMA | [79 FR 2079, Jan. 13, 2014, as amended at 79 FR 37161, July 1, 2014; 81 FR 42472, June 30, 2016] | (a) The insurance provider must send a written notice of the debt to the person, including the time frame in which the debt must be paid, and provide the person with a meaningful opportunity to contest the amount or existence of the debt. Once a debtor has filed bankruptcy and the insurance provider is formally informed of such through the court or the debtor, no request for payment of the debt can be made, unless approved in writing by the Office of General Counsel. The debtor may be notified of the amount of debt and ineligibility for crop insurance. (1) The insurance provider shall evaluate the person's response, if any, and determine if the debt is owed and delinquent. (2) Upon request by FCIC, the insurance provider shall submit all documentation related to the debt to FCIC. (b) If an insurance provider or any other person has evidence that a person meets criteria set forth in § 400.679(a), (b), (c), (e) or (f), they must immediately notify FCIC. (c) After the insurance provider determines a person has met one or more of the criteria in § 400.679 and notifies FCIC, FCIC will issue and mail a Notice of Ineligibility to the person's last known address and to the insurance provider. Notices sent to such address will be conclusively presumed to have been received by that person. (d) The Notice of Ineligibility will state the criteria upon which the determination of ineligibility has been based, a brief statement of the facts to support the determination, the time period of ineligibility, and the right to appeal the determination to be placed on the ITS in accordance with paragraph (e) of this section. (e) Within 30 days of receiving the Notice of Ineligibility, the ineligible person may appeal FCIC's determination to be placed on ITS to the National Appeals Division in accordance with 7 CFR part 11. The existence and amount of the debt is determined by the insurance provider, not FCIC; therefore, those determinations are not appealable to the National Appeals Division. (f) If the person appeals FCIC's det… | ||||
| 7:7:6.1.1.1.1.16.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | U | Subpart U—Ineligibility for Programs Under the Federal Crop Insurance Act | § 400.683 Period of ineligibility. | RMA | (a) The beginning of the period of ineligibility will be: (1) For ineligibility as a result of a delinquent debt, beginning on the date stated in the applicable policy; (2) For ineligibility as a result of a conviction under Federal or State law of: (i) Planting, cultivating, growing, producing, harvesting, or storing a controlled substance, the beginning of the crop year in which the individual is convicted; or (ii) Possession of or trafficking in a controlled substance, the beginning of the crop year in which the individual is convicted, unless determined otherwise by the court. (3) For ineligibility as a result of a disqualification, debarment, or suspension under 515(h) of the Act, 2 CFR part 180, 2 CFR part 417, the date the person was disqualified, debarred, or suspended by debarring official, Administrative Law Judge, or such other person authorized to take such action; and (4) For debarment under 7 U.S.C. 2209j, the beginning of the crop year in which the person is convicted. (b) The duration of the period of ineligibility will be: (1) For ineligibility as a result of a delinquent debt, until the debt has been paid in full discharged in bankruptcy, or the person has executed a written payment agreement. (2) For ineligibility as a result of a conviction under Federal or State law of: (i) Planting, cultivating, growing, producing, harvesting, or storing a controlled substance, four crop years succeeding the crop year in which the person was convicted; and (ii) Possession of a controlled substance or trafficking in a controlled substance, in addition to the time of ineligibility imposed in paragraph (b)(2)(i) of this section, until the period of time imposed by a court has expired. (3) For ineligibility as a result of a disqualification, debarment, or suspension under section 515(h) of the Act, or 2 CFR part 180 and 2 CFR part 417 until the period of time of disqualification, debarment, or suspension, as applicable, has expired. (4) For ineligibility as a result of not being a United States citi… | |||||
| 7:7:6.1.1.1.1.17.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.700 Basis, purpose, and applicability. | RMA | This subpart establishes guidelines, the approval process, and responsibilities of FCIC and the applicant for policies, provisions of policies, and rates of premium submitted to the Board as authorized under section 508(h) of the Act. It also provides procedures for reimbursement of research and development costs and maintenance costs for concept proposals and approved 508(h) submissions. Guidelines for submitting concept proposals and the standards for approval and advance payments are provided in this subpart. This subpart also provides guidelines and reference to procedures for submitting index-based weather plans of insurance as authorized under section 523(i) of the Act. The procedures for submitting non-reinsured supplemental policies in accordance with the Standard Reinsurance Agreement (SRA) are also contained within. | |||||
| 7:7:6.1.1.1.1.17.1.10 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.709 Roles and responsibilities. | RMA | (a) With respect to the applicant: (1) The applicant is responsible for: (i) Preparing and ensuring that all policy documents, rates of premium, prices, and supporting materials, including actuarial documents, are submitted by the deadline specified by FCIC, in the form approved by the Board, and are in compliance with section 508 of the Rehabilitation Act; (ii) Annually updating and providing maintenance changes no later than 180 days prior to the earliest contract change date for the commodity in all counties or states in which the policy or plan of insurance is sold; (iii) Timely addressing questions, problems or clarifications in regard to a policy or plan of insurance (all such resolutions for approved 508(h) submissions will be communicated to all approved insurance providers through FCIC's official issuance system); and (iv) If requested by the Board, providing an annual review of the policy's performance, in writing to the Board, 180 days prior to the contract change date for the plan of insurance (The first annual report will be submitted one full year after implementation of an approved policy or plan of insurance, as agreed to by the submitter and RMA); (2) Only the applicant may make changes to the policy, plan of insurance, or rates of premium approved by the Board: (i) Any changes to approved 508(h) submissions, both non-significant and significant, must be submitted to FCIC in the form of a 508(h) submission for review in accordance with this subpart no later than 180 days prior to the earliest contract change date for the commodity in all counties or states in which the policy or plan of insurance is sold; and (ii) Significant changes will be considered a new 508(h) submission; (3) Except as provided in paragraph (a)(4) of this section, the applicant is solely liable for any mistakes, errors, or flaws in the submitted policy, plan of insurance, their related materials, or the rates of premium that have been approved by the Board unless, or until, the policy or plan of insurance is transfe… | |||||
| 7:7:6.1.1.1.1.17.1.11 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.710 Preemption and premium taxation. | RMA | A policy or plan of insurance that is approved by the Board for FCIC reinsurance is preempted from state and local taxation. This preemption does not apply to index-based weather plans of insurance approved for premium subsidy or A&O subsidy under this part. | |||||
| 7:7:6.1.1.1.1.17.1.12 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.711 Right of review, modification, and the withdrawal of approval. | RMA | (a) At any time after approval, the Board may review any policy, plan of insurance, related material, or rates of premium approved under this subpart, including index-based weather plans of insurance and request additional information to determine whether the policy, plan of insurance, related material, or rates of premium comply with the requirements of this subpart. (b) The Board will notify the applicant of any problem or issue that may arise and allow the applicant an opportunity to make any needed change. If the contract change date has passed, the applicant will be liable for such problems or issues for the crop year in accordance with § 400.709 until the policy may be changed. (c) The Board may withdraw approval for the applicable policy, plan of insurance or rate of premium, including index-based weather plans of insurance, as applicable, if: (1) The applicant fails to perform the responsibilities stated under § 400.709(a); (2) The applicant does not timely and satisfactorily provide materials or resolve any issue to the Board's satisfaction so that necessary changes can be made prior to the earliest contract change date; (3) The Board determines the applicable policy, plan of insurance or rate of premium, including index-based weather plans of insurance is not in conformance with the Act, these regulations or the applicable procedures; (4) The policy, plan of insurance, or rates of premium are not sufficiently marketable according to the applicant's estimate or fails to perform sufficiently as determined by the Board; or (5) The interest of producers or tax payers is not protected or the continuation of the program raises questions or issues of program integrity. | |||||
| 7:7:6.1.1.1.1.17.1.13 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.712 Research and development reimbursement, maintenance reimbursement, advance payments for concept proposals, and user fees. | RMA | (a) For 508(h) submissions approved by the Board for reinsurance under section 508(h) of the Act: (1) The 508(h) submission may be eligible for a one-time payment of research and development costs and reimbursement of maintenance costs for up to four reinsurance years, as determined by the Board; (2) Reimbursement of research and development costs or maintenance costs will be considered as payment in full by FCIC for the 508(h) submission, and no additional amounts will be owed to the applicant if the 508(h) submission is transferred to FCIC in accordance with paragraph (l) of this section; and (3) If the applicant elects at any time not to continue to maintain the 508(h) submission, it will automatically become the property of FCIC and the applicant will no longer have any property rights to the 508(h) submission and will not receive any user fees for the plan of insurance; (b) The Board approved procedures and time-frames must be followed, or research and development costs and maintenance costs may not be reimbursed. (1) After a 508(h) submission has been approved by the Board for reinsurance, to be considered for reimbursement of: (i) Research and development costs, the applicant must submit the total amount requested and all supporting documentation to FCIC by electronic method or by hard copy and such information must be received by FCIC on or before August 1 immediately following the date the 508(h) submission was released to approved insurance providers through FCIC's issuance system; or (ii) Maintenance costs, the applicant must submit the total amount requested and all supporting documentation to FCIC by electronic method or by hard copy and such information must be received by FCIC on or before August 1 of each year of the maintenance period. (2) Given the limitation on funds, regardless of when the request is received, no payment will be made prior to September 15 of the applicable fiscal year. (c) Applicants submitting a concept proposal may request an advance payment of up to 50 percent of t… | |||||
| 7:7:6.1.1.1.1.17.1.14 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.713 Non-reinsured supplemental (NRS) policy. | RMA | (a) Unless otherwise specified by FCIC, any NRS policy that covers the same agricultural commodity as any policy reinsured by FCIC under the Act must be provided to RMA to ensure it does not shift any loss or risk that does not exist under the FCIC reinsured policy. Failure to provide such NRS policy or endorsement to RMA prior to its issuance shall result in the denial of reinsurance, A&O subsidy, and risk subsidy on all underlying FCIC reinsured policies unless the underlying FCIC policy was sold by another AIP. If the underlying FCIC reinsured policy is sold by another AIP, the AIP that sold the NRS may be required to pay FCIC an amount equal to the reinsurance, A&O subsidy, and risk subsidy on the underlying FCIC policy. (b) An electronic copy in Microsoft Office compatible format, of the new or revised NRS policy and related materials must be submitted at least 150 days prior to the first sales closing date applicable to the NRS policy. At a minimum, examples that demonstrate how liability and indemnities are calculated under differing scenarios must be included. Electronic copies of the NRS must be sent to the Deputy Administrator for Product Management (or successor) at DeputyAdministrator@rma.usda.gov. (c) RMA will review the NRS policy. If any of the conditions found in paragraphs (c)(1) through (5) of this section are found to occur, FCIC will notify the AIP that submitted the NRS policy that if they sell the NRS policy, it will result in denial of reinsurance, A&O subsidy, and risk subsidy on all underlying FCIC reinsured policies, unless the underlying FCIC policy was sold by another AIP. If the underlying FCIC reinsured policy is sold by another AIP, the AIP that sold the NRS may be required to pay FCIC an amount equal to the reinsurance, A&O subsidy, and risk subsidy on the underlying FCIC policy. (1) If the NRS policy materially increases or shifts risk to the underlying policy or plan of insurance reinsured by FCIC. (i) An NRS policy will be considered to materially increase or shift risk to … | |||||
| 7:7:6.1.1.1.1.17.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.701 Definitions. | RMA | 508(h) submission. A policy, plan of insurance, provision of a policy or plan of insurance, or rates of premium provided by an applicant to FCIC in accordance with the requirements of § 400.705.508(h) submissions as referenced in this subpart do not include concept proposals, index-based weather plans of insurance, or non-reinsured supplemental policies. Act. Subtitle A of the Federal Crop Insurance Act, as amended (7 U.S.C. 1501-1524). Actuarial documents. The information for the crop or insurance year that is available for public inspection in an agent's office and published on RMA's Web site, and that shows available insurance policies, coverage levels, information needed to determine amounts of insurance and guarantees, prices, premium rates, premium adjustment percentages, practices, particular types or varieties of the insurable crop or agricultural commodity, insurable acreage, and other related information regarding insurance in the county or state. Actuarially appropriate. A term used to describe premium rates when such rates are expected to cover anticipated losses and establish a reasonable reserve based on valid reasoning, an examination of available risk data, or knowledge or experience of the expected value of future costs associated with the risk to be covered. This will be expressed by a combination of data including, but not limited to liability, premium, indemnity, and loss ratios based on actual data or simulations reflecting the risks covered by the policy. Administrative and operating (A&O) subsidy. The subsidy for the administrative and operating expenses authorized by the Act and paid by FCIC on behalf of the producer to the approved insurance provider. Loss adjustment expense reimbursement paid by FCIC for catastrophic risk protection (CAT) eligible crop insurance contracts is not considered as A&O subsidy. Advance payment. A portion, up to 50 percent, of the estimated research and development costs, that may be approved by the Board under section 522(b) of the Act for an approv… | |||||
| 7:7:6.1.1.1.1.17.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.702 Confidentiality and duration of confidentiality. | RMA | (a) Pursuant to section 508(h)(4)(A) of the Act, prior to approval by the Board, any 508(h) submission submitted to the Board under section 508(h) of the Act, concept proposal submitted under section 522 of the Act, or index-based weather plan of insurance submitted under section 523(i) of the Act, including any information generated from the 508(h) submission, concept proposal, or index-based weather plan of insurance, will be considered confidential commercial or financial information for purposes of 5 U.S.C. 552(b)(4) and will not be released by FCIC to the public, unless the applicant authorizes such release in writing. (b) Once the Board approves a 508(h) submission or an index-based weather plan of insurance, information provided with the 508(h) submission (including information from the concept proposal) or the index-based weather plan of insurance, or generated in the approval process, may be released to the public, as applicable, including any mathematical modeling and data, unless it remains confidential business information under 5 U.S.C. 552(b)(4). While the expert reviews are releasable once the 508(h) submission or an index-based weather plan of insurance has been approved, the names of the expert reviewers may be redacted to prevent any undue pressure on the expert reviewers. (c) Any 508(h) submission, concept proposal, or index-based weather plan of insurance disapproved by the Board will remain confidential commercial or financial information in accordance with 5 U.S.C. 552(b)(4) (no information related to such 508(h) submission, concept proposal, or index-based weather plan of insurance will be released by FCIC unless authorized in writing by the applicant). (d) All 508(h) submissions, concept proposals, and index-based weather plans of insurance, will be kept confidential until approved by the Board and will be given an identification number for tracking purposes, unless the applicant advises otherwise. | |||||
| 7:7:6.1.1.1.1.17.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.703 Timing and format. | RMA | (a) A 508(h) submission, concept proposal, or index-based weather plan of insurance may only be provided to FCIC during the first five business days in January, April, July, and October. (b) A 508(h) submission, concept proposal, or index-based weather plan of insurance must be provided as an electronic file to FCIC in Microsoft Office compatible format, sent to either the address in paragraph (d)(1) or (d)(2) of this section by the due date in paragraph (a) of this section. The electronic file must contain a document with a detailed index that, in sequential order, references the location of the required information that may either be contained within the document or in a separate file. The detailed index must clearly identify each required section and include the page number if the information is contained in the document or file name if the information is contained in a separate file; and (c) Any 508(h) submission, concept proposal, or index-based weather plan of insurance not provided within the first 5 business days of a month stated in paragraph (a) of this section will be considered to have been provided in the next month stated in paragraph (a). For example, if an applicant provides a 508(h) submission on January 10, it will be considered to have been received on April 1. (d) Any 508(h) submission, concept proposal, or index-based weather plan of insurance must be provided to one of the following addresses, but not both: (1) By email to the Deputy Administrator for Product Management (or successor) at DeputyAdministrator@rma.usda.gov; or (2) By mail on a removable storage device such as a compact disk or Universal Serial Bus (USB) drive, sent to the Deputy Administrator for Product Management (or any successor position), USDA/Risk Management Agency, 2312 East Bannister Road, Kansas City, MO 64131-3011. (e) In addition to the requirements in paragraph (a) of this section, a 508(h) submission must be received not later than 240 days prior to the earliest proposed sales closing date to be considered … | |||||
| 7:7:6.1.1.1.1.17.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.704 Covered by this subpart. | RMA | (a) An applicant may submit to the Board, in accordance with § 400.705, a 508(h) submission that is: (1) A policy or plan of insurance not currently reinsured by FCIC; (2) One or more proposed revisions to a policy or plan of insurance authorized under the Act; or (3) Rates of premium for any policy or plan of insurance authorized under the Act. (b) An applicant must submit to the Board, any significant change to a previously approved 508(h) submission, including requests for expansion, prior to making the change in accordance with § 400.705. (c) An applicant may submit a concept proposal to the Board prior to developing a full 508(h) submission, in accordance with this subpart and the Procedures Handbook 17030—Approved Procedures for Submission of Concept Proposals Seeking Advance Payment of Research and Development Costs, which can be found on the RMA Web site at www.rma.usda.gov. (d) An applicant who is an approved insurance provider may submit an index-based weather plan of insurance for consideration as a pilot program in accordance with this subpart and the Procedures Handbook 17050—Approved Procedures for Submission of Index-based Weather Plans of Insurance, which can be found on the RMA Web site at www.rma.usda.gov. (e) An applicant must submit a non-reinsured supplemental policy or endorsement to RMA in accordance with § 400.713. | |||||
| 7:7:6.1.1.1.1.17.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.705 Contents for new and changed 508(h) submissions, concept proposals, and index-based weather plans of insurance. | RMA | [81 FR 53673, Aug. 12, 2016, as amended at 90 FR 30558, July 10, 2025] | (a) A complete 508(h) submission must contain the following material, as applicable, submitted in accordance with § 400.703(b). A complete 508(h) submission must be a viable and marketable insurance product that protects the interests of producers, is actuarially appropriate and ensures program integrity. The material must contain adequate information as required in this section, that is presented clearly to ensure the Board and RMA can determine whether RMA and the delivery system have the resources to implement, administer, and deliver the 508(h) submission effectively and efficiently. Calculations, procedures and methodologies must be consistent throughout the submission and appropriate for the commodity and the risks covered. (b) The first section will contain general information numbered as follows (1, 2, 3, etc.), including, as applicable: (1) The applicant's name(s), address or primary business location, phone number, and email address; (2) The type of 508(h) submission (see § 400.704) and a notation of whether or not the 508(h) submission was approved by the Board as a concept proposal; (3) A statement of whether the applicant is requesting: (i) Reinsurance; (ii) Risk subsidy; (iii) A&O subsidy; (iv) Reimbursement for research and development costs, as applicable and, if the 508(h) submission was previously submitted as a concept proposal, the amount of the advance payment for expected research and development costs; or (v) Reimbursement for expected maintenance costs, if applicable; (4) The proposed agricultural commodities to be covered, including types, varieties, and practices covered by the 508(h) submission; (5) The crop or insurance year and reinsurance year in which the 508(h) submission is proposed to be available for purchase by producers; (6) The proposed sales closing date, if applicable, or the sales window or the earliest date the applicant expects to release the product to the public; (7) The proposed states and counties where the plan of insurance is proposed to be offered; (… | ||||
| 7:7:6.1.1.1.1.17.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.706 Review. | RMA | (a) Prior to providing a 508(h) submission, concept proposal, or index-based weather plan of insurance to the Board, RMA will: (1) Review the 508(h) submission, concept proposal, or index-based weather plan of insurance to determine if all required documentation is included in accordance with § 400.705; (2) Review the 508(h) submission, concept proposal, or index-based weather plan of insurance to determine whether it is of sufficient quality to conduct a meaningful review such that the Board will be able to make an informed decision regarding approval or disapproval; (3) In accordance with section 508(h)(1)(B) of the Act, at its sole discretion, determine if the policy or plan of insurance: (i) Will likely result in a viable and marketable policy; (ii) Will provide crop insurance coverage in a significantly improved form; and (iii) Adequately protect the interests of producers. (4) RMA may reject and return any 508(h) submission, concept proposal, or index based weather plan of insurance that: (i) Is not complete; (ii) Is unlikely to result in a viable and marketable policy; (iii) Will not provide crop insurance coverage in a significantly improved form; and (iv) Will not adequately protect the interests of producers. (5) Except as provided in paragraph (a)(4) of this section, forward the 508(h) submission, concept proposal, or index-based weather plan of insurance, and the results of RMA's initial review, to the Board for its determination of completeness and quality. (b) Upon the Board's receipt of a 508(h) submission, the Board will: (1) Determine if the 508(h) submission is complete (the date the Board votes to contract with expert reviewers is the date the 508(h) submission is deemed to be complete for the start of the 120 day time-period for approval); (2) Unless the 508(h) submission makes non-significant changes to a policy or plan of insurance, or involves policy provisions that have already undergone expert review, forward the complete 508(h) submission to at least five expert reviewers … | |||||
| 7:7:6.1.1.1.1.17.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.707 Presentation to the Board for approval or disapproval. | RMA | (a) The Board will inform the applicant of the date, time, and place of the Board meeting. (b) The applicant will be given the opportunity and is encouraged to present the 508(h) submission, concept proposal, or index-based weather plan of insurance to the Board in person. The applicant must confirm in writing, email or fax whether the applicant will present in person to the Board. (c) If the applicant elects not to present the 508(h) submission, concept proposal, or index-based weather plan of insurance to the Board, the Board will make its decision based on the information provided in accordance with § 400.705 and § 400.706. | |||||
| 7:7:6.1.1.1.1.17.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | V | Subpart V—Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies | § 400.708 Post approval. | RMA | (a) After a 508(h) submission is approved by the Board, and prior to it being made available for sale to producers: (1) The following must be executed, as applicable: (i) If required by FCIC, an agreement between the applicant and FCIC that specifies: (A) In addition to the requirements in § 400.709, responsibilities of each with respect to the implementation, delivery and maintenance of the 508(h) submission; and (B) The required timeframes for submitting any information and documentation needed to administer the approved 508(h) submission; (ii) A reinsurance agreement if the approved submission does not meet, or is not expected to perform in a financial manner consistent with the terms and conditions of the Standard Reinsurance Agreement or any other existing reinsurance agreement offered by FCIC in effect for the crop year, and that considers the interests of all participating AIPs; and (iii) A training package to facilitate implementation of the approved 508(h) submission; (2) The Board may limit the availability of coverage, for any policy or plan of insurance developed under the authority of the Act and this regulation, on any farm or in any county or area; (3) A 508(h) submission approved by the Board under this subpart will be made available to all approved insurance providers under the same reinsurance, subsidy, and terms and conditions as received by the applicant; (4) Any solicitation, sales, marketing, or advertising of the approved 508(h) submission by the applicant before FCIC has made the policy materials available to all interested parties through its official issuance system will result in the denial of reinsurance, risk subsidy, and A&O subsidy for those policies affected; and (5) The property rights to the 508(h) submission will automatically transfer to FCIC if the applicant elects not to maintain the 508(h) submission under § 400.712(a)(3) or fails to notify FCIC of its decision to elect or not elect maintenance of the program under § 400.712(l). (b) Requirements and procedures for… | |||||
| 7:7:6.1.1.1.1.19.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | X | Subpart X—Interpretations of Statutory Provisions, Policy Provisions, and Procedures | § 400.765 Definitions. | RMA | [83 FR 66581, Dec. 27, 2018, as amended at 90 FR 54530, Nov. 28, 2025] | The definitions in this section apply to this subpart. Act. The Federal Crop Insurance Act, 7 U.S.C. 1501-1524. Approved insurance provider. A private insurance company that has been approved by the Federal Crop Insurance Corporation (FCIC) to sell and service Federal crop insurance policies under a reinsurance agreement with FCIC. FAA. The Federal Arbitration Act found at 9 U.S.C. 1 et seq. FCIC. The Federal Crop Insurance Corporation, a wholly owned government corporation within the United States Department of Agriculture. FCIC interpretation. An interpretation of a policy provision not codified in the Code of Federal Regulations or any procedure used in the administration of the Federal crop insurance program. Final agency determination. Matters of general applicability regarding FCIC's interpretation of provisions of the Act or any regulation codified in the Code of Federal Regulations, including certain policy provisions, which are applicable to all participants in the Federal crop insurance program and the appeals process. NAD. The USDA National Appeals Division. See 7 CFR part 11. Participant. Any applicant for Federal crop insurance, an insured, or approved insurance provider or their agent, loss adjuster, employee or contractor. Procedure. All FCIC issued handbooks, manuals, memoranda, and bulletins for any crop insurance policy reinsured by FCIC. Proceeding. The process that starts with the filing of a complaint, notice of appeal, or other such document that commences the appeals process, and ends with the adjudicatory body issuing its decision, and includes all necessary activities, such as discovery, that occur within that time frame. RMA. The Risk Management Agency, an agency of the United States Department of Agriculture. You. The requestor of a final agency determination or FCIC interpretation. | ||||
| 7:7:6.1.1.1.1.19.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | X | Subpart X—Interpretations of Statutory Provisions, Policy Provisions, and Procedures | § 400.766 Basis and applicability. | RMA | [83 FR 66581, Dec. 27, 2018, as amended at 90 FR 54530, Nov. 28, 2025] | (a) The regulations in this part prescribe the rules and criteria for obtaining a final agency determination or an FCIC interpretation. (1) FCIC will provide a final agency determination or an FCIC interpretation, as applicable, for statutory, regulatory, or other policy provisions or procedures that were in effect during the 4 most recent crop years from the crop year in which your request was submitted. For example, for a request received in the 2025 crop year, FCIC will consider requests for the 2025, 2024, 2023, and 2022 crop years. (2) If FCIC determines a request is outside the scope of crop years authorized in paragraph (a)(1) of this section, you will be notified within 30 days of the date of receipt by FCIC. (3) If the statutory, regulatory, or other policy provisions or procedures have changed for the time period you seek an interpretation you must submit a separate request for each policy provision or procedure by year. For example, if you seek an interpretation of section 6(b) of the Small Grains Crop Provisions for the 2022 through 2025 crop years but the policy provisions were revised starting with the 2024 crop year, you must submit two requests, one for the 2022 and 2023 crop years and another for the 2024 and 2025 crop years. (b) With respect to a final agency determination or an FCIC interpretation: (1) If there is a dispute between participants that involves a final agency determination or an FCIC interpretation: (i) The parties are required to seek an interpretation of the disputed provision from FCIC in accordance with this subpart. (This may require that the parties seek a stay of the proceedings until an interpretation is provided, if such proceedings have been initiated.); and (ii) The final agency determination or FCIC interpretation may take the form of a written interpretation or, at the sole discretion of FCIC, may take the form of testimony from an employee of RMA expressly authorized in writing to provide interpretations of policy or procedure on behalf of FCIC. (2) All writt… | ||||
| 7:7:6.1.1.1.1.19.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | X | Subpart X—Interpretations of Statutory Provisions, Policy Provisions, and Procedures | § 400.767 Requestor obligations. | RMA | [83 FR 66581, Dec. 27, 2018, as amended at 90 FR 54531, Nov. 28, 2025] | (a) All requests for a final agency determination or FCIC interpretation submitted under this subpart must: (1) Be submitted to the Deputy Administrator using the guidelines provided on RMA's website at www.rma.usda.gov through one of the following methods: (i) In writing 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) State whether you are seeking a final agency determination or FCIC interpretation; (3) Identify and quote the specific provision in the Act, regulations, procedure, or policy provision for which you are requesting a final agency determination or an FCIC interpretation; (4) Contain no more than one request for an interpretation. (You must make separate requests for each provision if more than one provision is at issue. For example, if there is a dispute with the interpretation of Paragraph 3 of the Loss Adjustment Manual, then one request for an interpretation is required. If there is a dispute with the interpretation of Paragraph 3 of the Loss Adjustment Manual and Paragraph 2 of the Macadamia Nut Loss Adjustment Standards Handbook, then two separate requests for an interpretation are required).; (5) State the crop, crop year(s), and plan of insurance applicable to the request; (6) State the name, address, and telephone number of a contact person for the request; (7) Contain your detailed interpretation of the specific provision of the Act, regulations, procedure, or policy provision for which the request for interpretation is being requested; and (8) Not contain any specific facts, alleged conduct, or hypothetical situations or the request will be returned to the requestor without consideration. (b) You must advise FCIC if the request for a final agency determination or FCIC interpretation will be used in a judicial review, mediation, or arbitration. (1) You must identify the type of proceeding (f… | ||||
| 7:7:6.1.1.1.1.19.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | X | Subpart X—Interpretations of Statutory Provisions, Policy Provisions, and Procedures | § 400.768 FCIC obligations. | RMA | [83 FR 66581, Dec. 27, 2018, as amended at 90 FR 54531, Nov. 28, 2025] | (a) FCIC will not provide a final agency determination or FCIC interpretation for any request regarding, or 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. (1) FCIC will not consider specific factual information to situations or cases in any final agency determination or FCIC interpretation. (2) FCIC will not consider any examples or hypotheticals provided in your interpretation 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) If, in the sole judgment of FCIC, the request is unclear, ambiguous, or incomplete, FCIC will not provide a final agency determination or FCIC interpretation, but will notify you within 30 days of the date of receipt by FCIC that the request is unclear, ambiguous, or incomplete. (c) If FCIC notifies you that a request is unclear, ambiguous or incomplete under paragraph (b) of this section, the 90-day time period for FCIC to provide a response is stopped on the date FCIC notifies you. On the date FCIC receives a clear, complete, and unambiguous request, FCIC has the balance of the days remaining in the 90-day time period to provide a response to you. For example, FCIC receives a request for a final agency determination on January 10. On February 10, FCIC notifies you the request is unclear. On March 10, FCIC receives a clarified request that meets all requirements for FCIC to provide a final agency determination. FCIC has 60 days from March 10, the balance of the 90-day time period, to provide a response. (d) FCIC reserves the right to modify the request if FCIC determines that a request for a final agency determination is really a request for an FCIC interpretation or vice versa. (e) FCIC will provide you a written final agency determination or FCIC interpretation within 90 days of… | ||||
| 7:7:6.1.1.1.1.3.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | H | Subpart H—Information Collection Requirements Under the Paperwork Reduction Act; OMB Control Numbers | §§ 400.65-400.66 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.5.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.90 Definitions. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003; 74 FR 8704, Feb. 26, 2009] | Act. The Federal Crop Insurance Act (7 U.S.C. 1501-1524). Administrative review. A review within the Department of Agriculture of an adverse decision. Adverse decision. A decision by an employee or Director of the Agency that is adverse to the participant. The term includes the denial of program benefits, written agreements, eligibility, etc. that results in the participant receiving less funds than the participant believes should have been paid or not receiving a benefit to which the participant believes he or she was entitled. Agency. RMA or FCIC, including the RO, FAOB or any other division within the Agency with decision making authority. Appellant. Any participant who requests an administrative review or mediation, or both, of an adverse decision of the Agency in accordance with this subpart. Unless otherwise specified in this subpart, the term “appellant” includes an authorized representative. Authorized representative. Any person, whether or not an attorney, who has obtained a Privacy Act waiver and is authorized in writing by a participant to act for the participant in the administrative review, mediation, or appeal process. Certified State. A State with a mediation program, approved by the Secretary, that meets the requirements of 7 CFR part 1946, subpart A, or a successor regulation. FAOB. Financial and Accounting Operations Branch. FCIC. The Federal Crop Insurance Corporation, a wholly owned Government corporation within USDA. FSA. The Farm Service Agency, an agency within USDA, or its successor agency. Good farming practices. For agricultural commodities insured under the terms contained in 7 CFR part 457 and all other crop insurance policies authorized under the Act, except as provided herein, means the good farming practices as defined at 7 CFR 457.8. For agricultural commodities insured under the terms contained in 7 CFR part 407, means the good farming practices as defined at 7 CFR 407.9. Insured. An individual or entity that has applied for crop insurance or who holds a cro… | ||||
| 7:7:6.1.1.1.1.5.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.91 Applicability. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003; 74 FR 8704, Feb. 26, 2009] | (a) This subpart applies to: (1) Adverse decisions made by personnel of the Agency with respect to: (i) Contracts of insurance insured by FCIC; and (ii) Contracts of insurance of private insurance companies and reinsured by FCIC under the provisions of the Act. (2) Determinations of good farming practices made by personnel of the Agency or the reinsured company (see § 400.98). (b) This subpart is not applicable to any decision: (1) Made by the Agency with respect to any matter arising under the terms of the Standard Reinsurance Agreement with the reinsured company; or (2) Made by any private insurance company with respect to any contract of insurance issued to any producer by the private insurance company and reinsured by FCIC under the provisions of the Act, except for determinations of good farming practices specified in § 400.91(a)(2). (c) With respect to matters identified in § 400.91(a)(1), participants may request an administrative review, mediation, or both, or appeal of adverse decisions by the Agency made with respect to: (1) Denial of participation in the crop insurance program; (2) Compliance with terms and conditions of insurance; (3) Issuance of payments or other program benefits to a participant in the crop insurance program; and (4) Issuance of payments or other benefits to an individual or entity who is not a participant in the crop insurance program. (d) Only a participant may seek an administrative review and mediation under this subpart, as applicable. (e) Notwithstanding any other provision, this subpart does not apply to any decision made by the Agency that is generally applicable to all similarly situated program participants. Such decisions are also not appealable to NAD. If the Agency determines that a decision is not appealable because it is a matter of general applicability, the participant must obtain a review by the Director of NAD in accordance with 7 CFR 11.6(a) of the Agency's determination that the decision is not appealable before the participant may file suit agains… | ||||
| 7:7:6.1.1.1.1.5.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.92 Appeals. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003] | (a) Except for determinations of good farming practices, nothing in this subpart prohibits a participant from filing an appeal of an adverse decision directly with NAD in accordance with part 11 of this title without first requesting administrative review or mediation under this subpart. (b) If the participant has timely requested administrative review or mediation, the participant may not participate in a NAD hearing until such administrative review or mediation is concluded. The time for appeal to NAD is suspended from the date of receipt of a request for administrative review or mediation until the conclusion of the administrative review or mediation. The participant will have only the remaining time to appeal to NAD after the conclusion of the administrative review or mediation. | ||||
| 7:7:6.1.1.1.1.5.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.93 Administrative review. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003; 74 FR 8704, Feb. 26, 2009] | (a) With respect to adverse decisions, an appellant may seek one administrative review or seek mediation under § 400.94. (b) If the appellant seeks an administrative review, the appellant must file a written request for administrative review with the reviewing authority in accordance with § 400.95. The written request must state the basis upon which the appellant relies to show that: (1) The decision was not proper and not made in accordance with applicable program regulations and procedures; or (2) All material facts were not properly considered in such decision. (c) The reviewing authority will issue a written decision that will not be subject to further administrative review by the Agency. | ||||
| 7:7:6.1.1.1.1.5.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.94 Mediation. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 74 FR 8704, Feb. 26, 2009] | For adverse decisions only: (a) Appellants have the right to seek mediation or other forms of alternative dispute resolution in addition to an administrative review under § 400.93. (b) All requests for mediation under this subpart must be made after issuance of the adverse decision by the Agency and before the appellant has a NAD hearing on the adverse decision. (c) An appellant who chooses mediation must request mediation not later than 30 calendar days from receipt of the written notice of the adverse decision. A request for mediation will be considered to have been “filed” when personally delivered in writing to the appropriate decision maker or when the properly addressed request, postage paid, is postmarked. (d) An appellant will have any balance of the days remaining in the 30-day period to appeal to NAD if mediation is concluded without resolution. If a new adverse decision that raises new matters or relies on different grounds is issued as a result of mediation, the participant will have a new 30-day period for appeals to NAD. (e) An appellant is responsible for contacting the Certified State Mediation Program in States where such mediation program exists. The State mediation program will make all arrangements for the mediation process. A list of Certified State Mediation Programs is available at http://www.act.fcic.usda.gov. (f) An appellant is responsible for making all necessary contacts to arrange for mediation in non-certified States or in certified States that are not currently offering mediation on the subject in dispute. An appellant needing mediation in States without a certified mediation program may request mediation by contacting the RSO, which will provide the participant with a list of acceptable mediators. (g) An appellant may only mediate an adverse decision once. (h) If the dispute is not completely resolved in mediation, the adverse decision that was the subject of the mediation remains in effect and becomes the adverse decision that is appealable to NAD. (i) If the adverse dec… | ||||
| 7:7:6.1.1.1.1.5.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.95 Time limitations for filing and responding to requests for administrative review. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003] | (a) A request for administrative review must be filed within 30 days of receipt of written notice of the adverse decision. A request for an administrative review will be considered to have been “filed” when personally delivered in writing to the appropriate decision maker or when the properly addressed request, postage paid, is postmarked. (b) Notwithstanding paragraph (a) of this section, an untimely request for administrative review may be accepted and acted upon if the participant can demonstrate a physical inability to timely file the request for administrative review. | ||||
| 7:7:6.1.1.1.1.5.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.96 Judicial review. | RMA | [67 FR 13251, Mar. 22, 2002, as amended at 68 FR 37720, June 25, 2003] | Except as provided in § 400.98, 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 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. | ||||
| 7:7:6.1.1.1.1.5.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.97 Reservations of authority. | RMA | (a) Representatives of the Agency may correct all errors in entering data on program contracts and other program documents, and the results of computations or calculations made pursuant to the contract. (b) Nothing contained in this subpart precludes the Secretary, the Manager of FCIC, or the Administrator of RMA, or a designee, from determining at any time any question arising under the programs within their respective authority or from reversing or modifying any adverse decision. | |||||
| 7:7:6.1.1.1.1.5.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | J | Subpart J—Appeal Procedure | § 400.98 Reconsideration process. | RMA | [68 FR 37720, June 25, 2003, as amended at 89 FR 53828, June 27, 2024] | (a) This reconsideration process only applies to determinations of good farming practices under § 400.91(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) 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 before bringing suit against FCIC in a United States district court. However, regardless of whether the Agency or the reinsured company makes the determ… | ||||
| 7:7:6.1.1.1.1.7.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | § 400.161 Definitions. | RMA | In addition to the terms defined in the Standard Reinsurance Agreement, Livestock Price Reinsurance Agreement and any other Reinsurance Agreement, the following terms as used in this rule are defined to mean: Annual statutory financial statement means the annual financial statement of a Company prepared in accordance with Statutory Accounting Principles and submitted to the state insurance department if required by any state in which the Company is licensed. Company means the insurance company that currently has or is applying to FCIC for a Reinsurance Agreement. FCIC means the Federal Crop Insurance Corporation as authorized in section 503 of the Federal Crop Insurance Act (7 U.S.C. 1503). MPUL means the maximum possible underwriting loss that a Company can sustain on policies it intends to reinsure after adjusting for the effect of any Reinsurance Agreement and any private reinsurance, as evaluated by FCIC. Plan of Operations means the documentation and information submitted by a Company to apply for or maintain a Reinsurance Agreement as required by FCIC. Quarterly Statutory Financial Statement means the quarterly financial statement of a Company prepared in accordance with Statutory Accounting Principles and submitted to the state insurance department if required by any state in which the Company is licensed. Reinsurance Agreement means the Standard Reinsurance Agreement, Livestock Price Reinsurance Agreement or any other Reinsurance Agreement between the Company and FCIC. | |||||
| 7:7:6.1.1.1.1.7.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | § 400.162 Qualification ratios. | RMA | (a) The eighteen qualification ratios include: (1) Thirteen National Association of Insurance Commissioner's (NAIC) Insurance Regulatory Information System (IRIS) ratios found in paragraphs (b)(1) through (12) and (17) of this section and referenced in “Using the NAIC Insurance Regulatory Information System” distributed by NAIC, 1100 Walnut St., Suite 1500, Kansas City, MO 64106-2197; (2) Three ratios used by A.M. Best Company found in paragraphs (b)(13), (15), and (16) of this section and referenced in Best's Key Rating Guide, A.M. Best, Ambest Road, Oldwick, N.J. 08858-0700; (3) One ratio found in paragraph (b)(14) of this section which is formulated by FCIC and is calculated the same as the One-Year Change to Surplus IRIS ratio but for a two-year period; and (4) One ratio found in paragraph (b)(18) of this section, which is reported on the annual statutory financial statement. (b) The Company shall provide an explanation for any ratio falling outside of the following requirements in paragraphs (b)(1) through (18): | |||||
| 7:7:6.1.1.1.1.7.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | § 400.163 Applicability. | RMA | The standards contained herein shall be applicable to a Company applying for and those maintaining a Reinsurance Agreement. | |||||
| 7:7:6.1.1.1.1.7.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | § 400.164 Eligibility for a Reinsurance Agreement. | RMA | FCIC will offer a Reinsurance Agreement to an eligible Company as determined by FCIC. To be eligible and qualify initially or thereafter for a Reinsurance Agreement with FCIC, a Company must: (a) Be licensed or admitted in any state, territory, or possession of the United States; (b) Be licensed or admitted, or use as a policy-issuing company, an insurance company that is licensed or admitted, in each state where the Company will write policies under a Reinsurance Agreement; (c) Have surplus, as reported in its most recent Annual or Quarterly Statutory Financial Statement, that is at least equal to twice the MPUL amount for the Company's estimated retained premium submitted in its plan of operation. (d) The Company shall have the financial and operational resources, including but not limited to, organization, experience, internal controls, technical skills, positive assessment of the ratio results appearing in Section 400.162 as well as meet methodologies, data submission requirements and assessment contained in Appendix II (Plan of Operations) of the Reinsurance Agreement to meet the requirements, including addressing reasonable risks, associated with a Reinsurance Agreement, as determined by FCIC. (e) The Company shall provide data and demonstrate a satisfactory performance record to obtain a Reinsurance Agreement and continue to hold a Reinsurance Agreement for the reinsurance year as determined by FCIC. | |||||
| 7:7:6.1.1.1.1.7.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | §§ 400.165-400.168 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.7.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | § 400.169 Disputes. | RMA | (a) If the Company believes that the FCIC has taken an action that is not in accordance with the provisions of a Reinsurance Agreement except compliance issues, it may request the Deputy Administrator of Insurance Services to make a final administrative determination addressing the disputed action. The Deputy Administrator of Insurance Services will render the final administrative determination of the FCIC with respect to the applicable actions. All requests for a final administrative determination must be in writing and submitted within 45 days after receipt after the disputed action. (b) With respect to compliance matters, the Compliance Field Office renders an initial finding, permits the Company to respond, and then issues a final finding. If the Company believes that the Compliance Field Office's final finding is not in accordance with the applicable laws, regulations, custom or practice of the insurance industry, or FCIC approved policy and procedure, it may request the Deputy Administrator of Compliance to make a final administrative determination addressing the disputed final finding. The Deputy Administrator of Compliance will render the final administrative determination of the FCIC with respect to the final finding. All requests for a final administrative determination must be in writing and submitted within 45 days after receipt of the final finding. (c) A Company may also request reconsideration by the Deputy Administrator of Insurance Services of a decision of the FCIC rendered under any FCIC bulletin or directive which bulletin or directive does not interpret, explain, or restrict the terms of the Reinsurance Agreement. The Company, if it disputes the FCIC's determination, must request a reconsideration of that determination in writing, within 45 days of the receipt of the determination. The determination of the Deputy Administrator of Insurance Services will be final and binding on the Company. Such determinations will not be appealable to the Board of Contract Appeals. (d) Appealable final adm… | |||||
| 7:7:6.1.1.1.1.7.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | L | Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years. | §§ 400.170-400.177 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.8.1.1 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.201 Applicability of standards. | RMA | Federal Crop Insurance Corporation will offer an Agency Sales and Service Contract (the Contract) to private entities meeting the requirements set forth in this subpart under which the Corporation will insure producers of agricultural commodities. The Contract will be consistent with the requirements of the Federal Crop Insurance Act, as amended, and the provisions of the regulations of the Corporation found at chapter IV of title 7 of the Code of Federal Regulations. The Standards contained herein are required for an entity to be a contractor under the Contract. | |||||
| 7:7:6.1.1.1.1.8.1.10 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.210 [Reserved] | RMA | ||||||
| 7:7:6.1.1.1.1.8.1.2 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.202 Definitions. | RMA | For the purpose of these Standards: (a) Agency Sales and Service Contract or the Contract means the written agreement between the Federal Crop Insurance Corporation (Corporation) and a private entity (Contractor) for the purpose of selling and servicing Federal Crop Insurance policies and includes, but is not limited to, the following: (1) The Agency Sales and Service Contract; (2) Any Appendix to the Agency Sales and Service Contract issued by the Corporation; (3) The annual approved Plan or Operation; and (4) Any amendment adopted by the parties. (b) BELL 208B (or compatible) modem —means a modem meeting the standards developed by BELL Laboratories for dial-up, half-duplex, 4800 or 9600 bits per second (bps) transmission of data utilizing 3780 (or 2780) protocol. (c) Contract, the see Agency Sales and Service Contract. (d) Contractor's electronic system (system) means the data processing hardware and software, data communications hardware and software, and printers utilized with the system. (e) CPA means a Certified Public Accountant who is licensed as such by the State in which the CPA practices. (f) CPA Audit means a professional examination conducted by a CPA in accordance with generally accepted auditing standards of a Financial Statement on the basis of which the CPA expresses an independent professional opinion respecting the fairness of presentation of the Financial Statement. (g) Current Assets means cash and other assets that are reasonably expected to be realized in cash or sold or consumed during the normal operation cycle of the business or within one year if the operation cycle is shorter than one year. (h) Current Liabilities means those liabilities expected to be satisfied by either the use of assets classified as current in the same balance sheet, or the creation of other current liabilities, or those expected to be satisfied within a relatively short period of time, usually one year. (i) Financial Statement means the documents submitted to the Corporation by a priv… | |||||
| 7:7:6.1.1.1.1.8.1.3 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.203 Financial statement and certification. | RMA | (a) An entity desiring to become or continue as a contractor shall submit to the Corporation a financial statement which is as of a date not more than eighteen (18) months prior to the date of submission. (b) The financial statement submitted shall be audited by a CPA (CPA Audit); or if a CPA audited financial statement is not available, the statement submitted to the Corporation must be accompanied by a certification of: (1) The owner, if the business entity is a sole proprietorship; or (2) At least one of the general partners, if the business entity is a partnership; or (3) The Chief Executive Officer and Treasurer, if the business entity is a Corporation, that said statement fairly represents the financial condition of the entity on the date of such certification to the Corporation. If the financial statement as certified by the Chief Executive Officer and Treasurer, partner, or owner is submitted, a CPA audited financial statement must be submitted if subsequently available. | |||||
| 7:7:6.1.1.1.1.8.1.4 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.204 Notification of deviation from standards. | RMA | A Contractor shall advise the Corporation immediately if the Contractor deviates from the requirements of these standards. The Corporation may require the Contractor to show compliance with these standards during the contract year if the Corporation determines that such submission is necessary. If the Corporation determines that the deviation is temporary, the Corporation may grant a temporary waiver pending compliance within a specified period of time. A waiver of any provision of these standards will not be granted to an applicant for a contract. | |||||
| 7:7:6.1.1.1.1.8.1.5 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.205 Denial or termination of contract and administrative reassignment of business. | RMA | Non-compliance with these standards will result in: (a) The denial of a Contract; or (b) Termination of an existing Contract. In the event of denial or termination of the Contract, all crop insurance policies of the Corporation sold by the Contractor and all business pertaining thereto may be assumed by the Corporation and may be administratively reassigned by the Corporation to another Contractor. | |||||
| 7:7:6.1.1.1.1.8.1.6 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.206 Financial qualifications for acceptability. | RMA | The financial statement of an entity must show total allowable assets in excess of liabilities and the ability of the entity to meet current liabilities by the use of current assets. | |||||
| 7:7:6.1.1.1.1.8.1.7 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.207 Representative licensing and certification. | RMA | (a) A Contractor must maintain twenty-five (25) licensed and certified Contractor Representatives. (b) A Contractor's Representative who solicits, sells and services FCIC policies or represents the Contractor in solicitation, sales or service of such policies must hold a license as issued by the State or States in which the policies are issued, which license authorizes the sales of insurance in any one or more of the following lines: (1) Multiple peril crop insurance; (2) Crop hail insurance; (3) Casualty insurance; (4) Property insurance; (5) Liability insurance; or (6) Fire insurance and allied lines. The Contractor must submit evidence, satisfactory to the Corporation, verifying the type of State license held by each Representative and the date of expiration of each license. (c) A Contractor's Representative must have achieved certification by the Corporation for each crop upon which the Representative sells and services insurance. | |||||
| 7:7:6.1.1.1.1.8.1.8 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.208 Term of the contract. | RMA | (a) The term of the Contract shall commence on July 1 or when signed. The contract will continue from year to year with an annual renewal date of July 1 for each succeeding year unless the Corporation or the Contractor gives at least ninety (90) days advance notice in writing to the other party that the contract is not to be renewed. Any breach of the contract, or failure to comply with these Standards, by the Contractor, may result in termination of the contract by the Corporation upon written notice of termination to the Contractor. That termination will be effective thirty (30) days after mailing of the notice and termination to the Contractor. (b) A Contractor who elects to continue under the Contract for a subsequent year must, prior to the month of June, submit a completed Plan of Operation which includes the Certifications as required by § 400.203 of this subpart. The Contractor may not perform under the contract until the Plan of Operation is approved by the Corporation. | |||||
| 7:7:6.1.1.1.1.8.1.9 | 7 | Agriculture | IV | 400 | PART 400—GENERAL ADMINISTRATIVE REGULATIONS | M | Subpart M—Agency Sales and Service Contract—Standards for Approval | § 400.209 Electronic transmission and receiving system. | RMA | Any Contractor under the Contract is required to: (a) Adopt a plan for the purpose of transmitting and receiving electronically, information to and from the Corporation concerning the original executed crop insurance documents; (b) Maintain an electronic system which must be tested and approved by the Corporation; (c) Maintain Corporation approval of the electronic system as a condition to the electronic transmission and reception of data by the Contractor; (d) Utilize the Corporation approved automated data processing and electronic data transmission capabilities to process crop insurance documents as required herein; and (e) Establish and maintain the electronic equipment and computer software program capability to: (1) Receive and store actuarial data electronically via telecommunications utilizing 3780 protocol and utilizing a BELL 208B or compatible modem at 4800 bits per second (bps); (2) Enter and store information from original crop insurance documents into electronic format; (3) Verify electronically stored information recorded from crop insurance documents with electronically stored actuarial information; (4) Compute and print the data elements in the Summary of Protection; (5) Transmit crop insurance data electronically, via 3780 protocol utilizing a BELL 208B or compatible modem at 4800 bps; (6) Receive electronic acknowledgements, error messages, and other data via 3780 protocol utilizing a BELL 208B or compatible modem at 4800 bps, and relate error messages to original crop insurance documents; and (7) Store backup data and physical documents. (The Corporation may approve other compatible specifications if accepted by the Corporation and if requested by the Contractor) |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);