The above-captioned matter was scheduled to be heard as a contested case on April 15, 1999 at 10:00 A.M., at which time the respondent appeared but the complainant did not.

        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 for failure to prosecute.

        2. The Commission wishes to admonish the complainant for his failure to appear at the hearing in this matter, which failure resulted in a waste of valuable state resources.

        3. The Commission also takes administrative notice of the final decisions in Docket #s FIC1998-358; Alan W. Gates against State of Connecticut, Department of Economic and Community Development, Public and Government Relations Division, and FIC1998-382; Alan W. Gates against Chancellor, Board of Trustees, Connecticut Community Technical College; and Board of Trustees, Connecticut Community Technical College, which indicate that the complainant failed to appear at the respective hearings in such matters, as well. The Commission wishes to make the complainant aware of the provisions in § 1-206(b)(2), G.S. [formerly § 1-21i(b), G.S.], which provide that the executive director of the commission shall not schedule an appeal for hearing without first seeking and obtaining leave of the commission, if the director has reason to believe an appeal would constitute an abuse of the commission's administrative process.

        Approved by Order of the Freedom of Information Commission at its regular meeting of May 12, 1999.

_________________________

Melanie R. Balfour

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:

Alan W. Gates
341-1E Center Street, # 291
Manchester, CT 06040
State of Connecticut,
Department of
Administrative Services
c/o Alan Mazzola
Deputy Commissioner
165 Capitol Avenue
Room 403
Hartford, CT 06106

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-276FD/mrb/05181999