FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Sharon Novak,
Complainant
against Docket
#FIC 87-336
Deputy Commissioner, State
of Connecticut Department of Consumer Protection,
Respondent May
25, 1988
The above-captioned matter was heard as a contested case
on December 28, 1987, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint.
After consideration of the entire record, the following
facts are found:
1. The respondent
is a public agency within the meaning of §1-18a(a), G.S.
2. By letter
dated August 24, 1987, the complainant filed a complaint with the drug control
division of the department of consumer protection against a pharmacy and two
pharmacists employed by it.
3. By letter
dated October 22, 1987, the complainant's attorney requested access to the
record of investigation of the complaint.
4. By letter of
complaint to the Commission dated November 18, 1987, the attorney for the
complainant alleged that the respondent denied the complainant copies of the
record of the investigation of the complaint.
5. The respondent
claimed the record was exempt from disclosure under §21a-306, G.S.
Docket #FIC 87-336 page two
6. §1-19a
provides in relevant part that
[e]xcept
as otherwise provided by any federal law or state statute, all records
maintained or kept on file by any public agency...shall be public records and
every person shall have the right...to receive a copy of such records in
accordance with the provisions of section 1-15.
7. §21a-306
provides that
Information
received by the department of health services, state department of consumer
protection or commission of pharmacy through filed reports, inspection or as
otherwise authorized under chapters 382 and 418 and this chapter shall not be
disclosed publicly in such a manner as to identify individuals or institutions,
except in a proceeding involving the question of licensure or right to
practice.
8. It is found
that Chapters 418 and 382 of the Connecticut General Statutes authorize
investigation of the complainant's complaint by the department of consumer
protection.
9. It is found
that disclosure of the record of the investigation would identify individuals
and institutions.
10. It is further
found that only after an investigation is completed, does the respondent
initiate any proceeding involving the question of licensure or right to
practice.
11. It is
concluded that the records of the investigation are exempt under §21a-306.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The complaint
is hereby dismissed.
Approved by order of the Freedom of Information
Commission at its special meeting of May 25, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission