FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Richard M. Griest

 

Complainant

 

against Docket #FIC 87-120

 

Commissioner of the State of Connecticut Department of Motor Vehicles

 

Respondent November 12, 1987

 

The above-captioned matter was heard as a contested case on June 11, 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. On March 23, 1987 the complainant requested that he be permitted to inspect accident report #30085G without charge.

 

3. On April 8, 1987, the respondent denied his request.

 

4. The respondent claimed that 14-50a, G.S., permitted him to charge the respondent for the inspection.

 

5. It is found that the requirement of 1-19(a) that every person has a right to inspect public records does not apply to records of public agencies where "otherwise provided by federal law or state statute."

 

6. It is found that 14-50a, G.S. is a statute which otherwise provides by setting up a fee schedule for records, record searches, and other services of the respondent.

 

7. It is found that 14-50a(14), G.S., permits the respondent to set a fee for inspecting a motor vehicle accident report.

 

Docket #FIC 87-120 Page 2

 

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.

 

2. The respondent is urged to consider whether charges should be waived in this instance because disclosure would benefit the general welfare.

 

Approved by order of the Freedom of Information Commission at its special meeting of November 12, 1987.

 

 

Catherine H. Lynch

Acting Clerk of the Commission