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Functional Equivalent: Is the CIAC Subject to FOIA?

The Freedom of Information Act (FOIA) was created as an attempt to ensure public records are publicly accessible, at least where public agencies are concerned.

Its definition of public agency is fairly broad, encompassing most state-level offices (except the Division of Criminal Justice) and their subdivisions, as well as municipal agencies and their subdivisions. The law also stipulates that private entities can be deemed the functional equivalent of a public agency and can be required to release public records upon request. Connecticut courts have developed a four-part test to determine when a private organization rises to that standard.

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