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70 Geo. L. J. 51 (1981-1982)
Funding Public Participation in Agency Proceedings: The Federal Trade Commission Experience

handle is hein.journals/glj70 and id is 61 raw text is: Funding Public Participation In Agency Proceedings: The Federal Trade Commission Experience BARRY B. BOYER* Reflecting the recent political and economic climate, both Congress and the business community increasingly have scrutinized and criticized agency funding of public participation in administrative proceedings. They have charged that these funding programs represent expensive, one-sided subsidies for proponents of additional regulation. To deter- mine the validiy of this and other criticisms, Professor Boyer examines the Federal Trade Commission's compensation provision, its implemen- tation over a four-year period, and its effects on rulemaking proceed- ings. Professor Boyer concludes that much of the criticism directed at the Commission was a result of the agency's limited resources, and the fundamental tension between the compensation statute's technocratic and 'democratic objectives. Professor Boyer notes that without clearer legislative direction as to the balance. desired between these com- peting values, the ultimate success of the Federal Trade Commission's funding program is indeterminable. * Professor and Associate Dean, Faculty of Law and Jurisprudence, State University of New York at Buffalo. A.B. 1966, Duke University; J.D. 1969, University of Michigan. This study was funded by the Administrative Conference of the United States (ACUS). The Confer- ence's support made possible not only the collection of detailed data, but also the assistance of many people in analysis and interpretation. Deserving special mention for their many contributions are James V. DeLong and David B.H. Martin, Research Directors of the Conference during the period covered by this study; Professor Bliss Cartwright, who had primary responsibility for design of the witness ques- tionnaire and analysis of the responses; Sarah Flanagan and Michael Bowers of the Conference staflr and Jamie M. Bennett, Research Manager for the ACUS study of Trade Regulation Rulemaking dur- ing the early phases of the project. The staff of the Federal Trade Commission, particularly Bonnie Naradzay, Special Assistant for Public Participation, and Barry Rubin, Assistant General Counsel, were extremely helpful and candid in providing information about the functioning of the compensation program. As is customary, neither the Administrative Conference nor any of these individuals is re- sponsible for errors and omissions in the article. To preserve the confidentiality of the FTC, its members, and the applicants for compensation, some documentary sources are identified only by the title of Confidential Document or Staff Evaluation, and by catalogue numbers designated by the author. The editors of the Georgetown Law Journal have relied upon the author to verify the accuracy of statements in these documents. Any inquiries regarding these documents should be directed to the author, who must consult the FTC as to the disclosure of any confidential agency information. Photocopies of all letters, applications for compensation, and interview memoranda cited in the arti- cle are on file at the Georgetown Law Journal. Unless otherwise indicated, all tables, charts, and appendices have been derived by the author from information obtained through the witness survey. The following acronyms used throughout the article are assigned the meanings below: ACUS-Administrative Conference of the United States BCP-Bureau of Consumer Protection FTC-Federal Trade Commission TRR-Trade Regulation Rule

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