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Final Decision FIC2013-297
In the Matter of a Complaint by
FINAL DECISION
David Burch,
     Complainant
     against
Docket #FIC 2013-297
Commissioner, State of Connecticut,
Department of Correction; and
State of Connecticut, Department of
Correction,
     Respondents
March 12, 2014

     The above-captioned matter was heard as a contested case on December 9, 2013, at which time the complainant and the respondents appeared and presented testimony and argument on the complaint.
     After consideration of the entire record, the following facts are found and conclusions of law are reached:
     1.  The respondents are public agencies within the meaning of §1-200(1), G.S.
     2.  By letter of complaint filed May 14, 2013, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying his request for certain records.
     3.  It is found that the complainant made a request for certain records that was received by the respondents on March 29, 2013.
     4.  It was found that the respondents did not reply to the complainant’s request within four business days.
     5.  Section 1-206(a), G.S., provides:
Any denial of the right to inspect or copy records provided for under section 1-210 shall be made to the person requesting such right by the public agency official who has custody or control of the public record, in writing, within four business days of such request, except when the request is determined to be subject to subsections (b) and (c) of section 1-214, in which case such denial shall be made, in writing, within ten business days of such request.  Failure to comply with a request to so inspect or copy such public record within the applicable number of business days shall be deemed to be a denial.
     6.  It is concluded that the respondents are deemed to have denied the request by operation of §1-206(a), G.S., on April 4, 2013.
     7.  Section 1-206(b)(1), G.S., provides in relevant part:
     Any person denied the right to inspect or copy records under section 1-210 or wrongfully denied the right to attend any meeting of a public agency or denied any other right conferred by the Freedom of Information Act may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission.  A notice of appeal shall be filed not later than thirty days after such denial ….
     8.  It is found that the complainant filed his appeal forty days after the denial of his request.
     9.  It is therefore concluded that the Commission lacks jurisdiction over the complaint.

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

     1.  The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 12, 2014.
__________________________
Cynthia A. Cannata
Acting Clerk of the Commission
PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
David Burch
P.O. Box 34
Plainville, CT  06062
Commissioner, State of Connecticut, Department of Correction;
and State of Connecticut, Department of Correction
c/o James Neil, Esq.
State of Connecticut,
Department of Correction
24 Wolcott Hill Road
Wethersfield, CT  06109
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-297/FD/cac/3/12/2014