§ 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