§  1.224   Motion to proceed in forma pauperis.

   (a) A motion to proceed in forma pauperis may be filed by an
   individual, a corporation, and unincorporated entity, an association or
   other similar group, if the moving party is either of the following:

   (1) A respondent in a revocation proceeding, or a renewal applicant,
   who cannot carry on his livelihood without the radio license at stake
   in the proceeding; or

   (2) An intervenor in a hearing proceeding who is in a position to
   introduce testimony which is of probable decisional significance, on a
   matter of substantial public interest importance, which cannot, or
   apparently will not, be introduced by other parties to the proceeding,
   and who is not seeking personal financial gain.

   (b) In the case of a licensee, the motion to proceed in forma pauperis
   shall contain specific allegations of fact sufficient to show that the
   moving party is eligible under paragraph (a) of this section and that
   he cannot, because of his poverty, pay the expenses of litigation and
   still be able to provide himself and his dependents with the
   necessities of life. Such allegations of fact shall be supported by
   affidavit of a person or persons with personal knowledge thereof. The
   information submitted shall detail the income and assets of the
   individual and his financial obligations and responsibilities, and
   shall contain an estimate of the cost of participation in the
   proceeding. Personal financial information may be submitted to the
   presiding officer in confidence.

   (c)(1) In the case of an individual intervenor, the motion to proceed
   in forma pauperis shall contain specific allegations of fact sufficient
   to show that he is eligible under paragraph (a) of this section and
   that he has dedicated financial resources to sustain his participation
   which are reasonable in light of his personal resources and other
   demands upon them but are inadequate for effective participation in the
   proceeding. Such allegations of fact shall be supported by affidavit of
   a person or persons with personal knowledge thereof. The information
   submitted shall detail the income and assets of the individual and his
   immediate family and his financial obligations and responsibilities,
   and shall contain an estimate of the cost of participation. Personal
   financial information may be submitted to the presiding officer in
   confidence.

   (2) In the case of an intervening group, the motion to proceed in forma
   pauperis shall contain specific allegations of fact sufficient to show
   that the moving party is eligible under paragraph (a) of this section
   and that it cannot pay the expenses of litigation and still be able to
   carry out the activities and purposes for which it was organized. Such
   allegations of fact shall be supported by affidavit of the President
   and Treasurer of the group, and/or by other persons having personal
   knowledge thereof. The information submitted shall include a copy of
   the corporate charter or other documents that describe the activities
   and purposes of the organization; a current balance sheet and profit
   and loss statement; facts showing, under all the circumstances, that it
   would not be reasonable to expect added resources of individuals
   composing the group to be pooled to meet the expenses of participating
   in the proceeding; and an estimate of the cost of participation.
   Personal financial information pertaining to members of the group may
   be submitted to the presiding officer in confidence.

   (d) If the motion is granted, the presiding officer may direct that a
   free copy of the transcript of testimony be made available to the
   moving party and may relax the rules of procedure in any manner which
   will ease his financial burden, is fair to other parties to the
   proceeding, and does not involve the payment of appropriated funds to a
   party.

   [ 41 FR 53021 , Dec. 3, 1976]

   return arrow Back to Top