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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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