In the Matter of a Complaint by FINAL DECISION


J. Louis Rodriguez,




against Docket #FIC 87-208


Board Administrator of the Board of Examiners for Professional Engineers and Land Surveyors, Professional Licensing Division, State of Connecticut Department of Consumer Protection,


Respondent December 9, 1987


The above-captioned matter was heard as a contested case on August 18, 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 May 4, 1987, the complainant made a request of the respondent to be allowed to review his written answers to the part II-B section of the land surveyors examination administered in October 1986.


3. By letter dated July 16, 1987 the respondent denied the complainant's request to review his written answers.


4. From denial of access to the requested information, the complainant appealed to the Commission by complaint filed on July 24, 1987.


5. At the hearing, the complainant requested that the Commission take administrative notice of docket #FIC 78-89, #FIC 79-98, #FIC 84-87, #FIC 84-141 and #FIC 80-138.


6. It is found that the examination taken by the complainant consisted of 6 essays and 20 multiple choice questions.


Docket #FIC 87-208 Page 2


7. It is also found that the respondent provided the complainant with a copy of the exam matrix and scoring breakdown for the 1986 Connecticut part IV land surveyor examination. This breakdown included the number of points the complainant received for each question on both the multiple choice and essay sections of the examination.


8. The respondent claims, however, that the other information being sought by the complainant is exempt from disclosure pursuant to 1-19(b)(6), G.S.


9. The respondent further claims that the answers to the essay questions contain the grader's remarks, and that these comments may disclose information that may be used to administer future licensing examinations.


10. Section 1-19(b)(6), G.S., exempts from mandatory disclosure "test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations."


11. It is found that the test in question is a licensing examination within the meaning of 1-19(b)(6), G.S.


12. It is found, however, that the complainant's written answers to the essay questions are not test questions or scoring keys within the meaning of 1-19(b)(6), G.S., and are subject to disclosure pursuant to 1-15 and 1-19(a), G.S.


13. It is concluded that the respondent violated 1-15 and 1-19(a), G.S., when it failed to provide the complainant with access to his written answers from the October 1986 examination.


The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:


1. The respondent shall forthwith provide the complainant with a copy of his written answers to the Connecticut part II-B land surveyors examination administered in October 1986.


Docket #FIC 87-208 Page 3


2. In complying with paragraph 1 of this order, the respondent may mask or otherwise delete the grader's remarks, to the extent that they disclose information which is exempt from mandatory disclosure pursuant to 1-19(b)(6), G.S.


Approved by order of the Freedom of Information Commission at its special meeting of December 9, 1987.



Catherine H. Lynch

Acting Clerk of the Commission