In the Matter of a Complaint by FINAL DECISION


Robert D. Tatoian, D.P.M.,




against Docket #FIC 85-250


Department of Health Services, Division of Medical Quality Assurance of the State of Connecticut,


Respondent June 11, 1986


The above captioned matter was heard as a contested case on May 15, 1986, 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 November 25, 1985 the complainant requested of the respondent a record of the questions posed by the examiners on the oral portion of the 1985 Connecticut podiatry licensure examinantion, his responses to the questions posed and a written outline of the objective criteria used as a basis for scoring the candidates.


3. By letter dated November 26, 1985 the respondent's Section Chief for applications, examinations and licensure denied the complainant access to the requested information.


4. From denial of access to the requested information, the complainant appealed to the Commission by complaint filed on December 2, 1985.


5. The respondent claims the requested information is exempt from disclosure pursuant to 1-19(b)(6), G.S.


Docket #FIC 85-250 Page 2


6. It is found that the information requested in paragraph 2, above, constitutes test questions, scoring keys and other examination data used to administer a licensing examination within the meaning of 1-19(b)(6), G.S.


7. It is therefore concluded that the requested records are exempt from disclosure pursuant to 1-19(b)(6), 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 regular meeting of June 11, 1986.


Karen J. Haggett

Clerk of the Commission