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B-139703 1 (1976-12-03)

handle is hein.gao/gaobaddxa0001 and id is 1 raw text is: Antoinette friedran *0(2 THE COMP2TROLLER ORNERAL .DECISICAlb . Fa TH. UrNITrD STATED VVASHINGTON. O. . C. 548 -.p-t g4 FILE: B-139703 DATE: Deember 3, 1976 OF: Costs of Intervention - Food and Drug Administration 1. Food and Drug Administration may reimburse costs of ovherwise eligible persons or groups who participate in Its proceedings where agency determines that such participation can reasonably be expected to contrib- ute substantially to a fair determination of issues before it. Participation need not be essential in the sense that issues cannot be decided without such participatnn, B-92288, February 19, 1976, clvrified. 2. Food and Drug Administration may reimburse costs of persons or groups who participate in proceedings before it only where person or group lacks financial resources to participate adequately. Absent specific statutory authority, agency may not adopt more !iberal standard of eligibility based on factors other than person's or group's actual financial resources which could be applied to participation in agency proceeding. 3. Food and Drug Administration may not make advance pay- ments for costs of otherwise eligible persons or groups for piiticipation in proceedings before it, absent specific statutory authority which overcomes prohibition against advance payments in 31 U.S.C. § 529. 4. Food and Dru; Administration's authority to reimburse costs of otterwise eligible persons or groups who participate in proceedings before it extends to all types of agency proceedings. The Acting Commissioner of the Food and Drug Administration (FDA) has requested our decision on certain questions raised by a petition filed by Consumers Union which haz been published as an Advance Notice of Proposed Rulemaking in 41 Fed. Reg. 35F55 (August 25, 1976)., In general terms the questions presented to us involve the extent of FDA's legal authority to provide financial assistance, in the form of attorneys fees and other expenses of administrative litigation to certain participants in its adjudicatory and rulemaking proceedings. Specific Li I - - l%0 0 -I i MATTER DIGEST:

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