The above captioned matter was heard as a contested case on May 30, 1978 at which time the complainants and the respondents appeared and presented evidence and argument on the complaint.

     After consideration of the entire record, the following facts are found:

     1.  The respondent board is a public agency within the meaning of §1-18a(a), G.S.

     2.  By letter dated April 7, 1978 the complainant Winslow requested on behalf of her client, the complainant Watson, reports of inspections and notices of violation which had been issued by the health department following inspection of premises located at 107 Mill Plain Road.

     4.  Complainant Winslow requested that the records be provided free of charge because her client, complainant Watson, is indigent.

     5.  By letter filed with this Commission April 18, 1978 the complainants alleged that they had been denied their rights under §1-15 and §1-19, G.S., and appealed the denial of their requests for records by the respondent health department.

     6.  The respondent department alleged that the records were exempt from disclosure under §1-19(b)(4), G.S., because they were records pertaining to strategy and negotiations with respect to pending claims and litigation to which the public agency was a party.

     7.  There is no litigation or claim pending in any court of law which involves the aforesaid inspection reports and notices of violation.

     8.  It is found that the aforesaid inspection reports and notices of violations are not exempt from disclosure under §1-19(b)(4), G.S., because they are not records of strategy and negotiation with respect to pending claims and litigation to which the public agency is a party.

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

     1.  The respondents shall forthwith supply the requested records described at paragraph 3 to complainant Watson.

     2.  The respondents shall consider complainant Watson's claim of indigency in deciding whether to charge him for the records. So long as the process which a public agency uses to determine whether a person is indigent is fair and reasonable the Commission will leave that determination to the public agency.

Approved by order of the Freedom of Information Commission on June 28, 1978.