Final Decision FIC1978-021
In the Matter of a Complaint by |
Report of Hearing Officer | |
Erwin E. Fuller,
Complainant |
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against
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Docket #FIC78-21 | |
State of Connecticut; and the
Department of Motor Vehicles of the State of Connecticut; and the Assistant Division Chief of the Department of Motor Vehicles, Respondents |
July 3, 1978 |
The above captioned matter was heard as a contested case on March 27, 1978, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.
After the hearing officer's report was adopted by the Freedom of Information Commission on April 26, 1978 the respondent requested a corrected hearing officer's report.
A rehearing was scheduled for June 29, 1978 at which time the parties appeared, stipulated to certain facts and agreed to an amendment of the order in the hearing officer's report.
After consideration of the entire record, the following facts are found:
1. The respondent department is a public agency as defined by §1-18a(a), G.S.
2. By letter dated January 16, 1978 the complainant requested copies of records of the respondent department relating to a complaint by an unidentified informant which caused an official of the respondent department to require the complainant to register his car in Connecticut.
3. By letter filed with the Commission January 27, 1978 the complainant treated the respondents' failure to respond as a denial and appealed to the Commission for relief.
4. The respondents claimed that they did not have to furnish the requested record because it was exempt under §1-19(b)(3), G.S., as a record of a law enforcement agency compiled in connection with the detection or investigation of crime which would result in the disclosure of informants not otherwise known.
5. Section 14-12, G.S., provides in relevant part that a person who fails to register a motor vehicle commits an infraction.
6. Section 53a-24, G.S., provides in relevant part that the term "crime" comprises felonies and misdemeanors.
7. It is concluded that the requested record was not compiled in connection with the detection or investigation of a crime and that the requested record is not exempt under §1-19(b)(3), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the complaint:
1. The respondent shall forthwith provide the complainant with access to the original and with a copy of the original complaint which was filed against him concerning his failure to register his automobile in Connecticut.
Approved by the order of the Freedom of Information Commission on July 26, 1978.