The above captioned matter was heard as a contested case on April 25, 1978, at which time the complainant and the respondents appeared, stipulated to certain facts, and presented testimony and argument on the complaint.

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

     1.  The respondents are public agencies as defined by §1-18a (a), G.S.

     2.  On February 10, 1978, the complainant asked the respondent board to inspect a certain file.

     3.  By letter dated February 21, 1978 and filed with the Commission on February 22, 1978, the complainant alleged that he had not received the information requested.

     4.  At the hearing herein, the respondents made available to the complainant all portions of the requested file with the following two exceptions:

          a.  a presentence investigation report prepared at the time of sentencing;

          b.  those portions of a document called a Diagnostic Summary which contains information derived from the aforesaid presentence investigation report.

     5.  The complainant does not seek access to the aforesaid presentence investigation material.

     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.

          Approved by order of ne Freedom of Information Commission on May 24, 1978