FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Senior Citizens Unlimited,
Complainant
against Docket
#FIC 88-159
Commissioner, State of Connecticut Department of Motor Vehicles,
Respondent September
14, 1988
The above-captioned
matter was heard as a contested case on June 21, 1988, 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 December 15, 1987, the
complainant requested a copy of a computer magnetic tape containing
"operator license information" for all active holders of motor
vehicle licenses. The complainant also
requested access to non-driver identification cards.
3. The complainant did not receive a response
to its December 15, 1987 letter and by letter dated March 8, 1988, it renewed
its request described in paragraph 2, above.
4. By letter dated March 25, 1988, the
respondent offered to provide the complainant with a copy of a computer
magnetic tape, containing the entire master registration file (which consists
of 2,895,874 records), at a cost of $0.75 per "operator license
information." The respondent also
stated that he did not maintain files of non-driver identification cards.
5. By letter of complaint dated April 19, 1988,
postmarked on April 20, 1988 and filed with the Commission on April 25, 1988,
the complainant alleged that the imposition of a fee of approximately
$2,171,905.50 effectively denies it access to the requested information.
Docket #FIC 88-159 Page 2
6. The complainant
alleges that the cost of copying the requested information on a computer
magnetic tape is governed by the fee provisions enumerated in §1-15, G.S.
7. The respondent claims that §14-50a(a)(11),
G.S., governs the copying costs for the requested information.
8. The respondent also claims that pursuant to
§§14-50a(b) and 14-50a(c), G.S., he has discretionary power concerning the
disclosure of registration records and the fee to be charged for copies of such
records.
9. At the hearing, the complainant clarified
its request, stating that it sought a copy of the entire master registration
file on a computer magnetic tape without selection or programing.
10. It is found that the requested records are
public records within the meaning of §1-18a(d), G.S.
11. It also is found that §14-50a(a), G.S.,
applies only to the respondent.
Subsection 11 of that section specifically provides that the respondent
shall charge $0.75 for a copy of "operator license information."
12. It therefore is concluded that the cost of
copying the requested information is governed by the specific language of
§14-50a(a), G.S., and not by the general language of §1-15, G.S.
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 September 14,
1988.
Catherine
H. Lynch
Acting
Clerk of the Commission