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John Cornyn

April 19, 1999

Ms. Jennifer D. Soldano
Associate General Counsel
Texas Department of Transportation
125 E. 115th Street
Austin, Texas 78701-2423


Dear Ms. Soldano:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 124381.

The Texas Department of Transportation (the "department") received a request for all information pertaining to job posting number 8-52-MO29-215. You claim that "the interview questions, responses, and notes to Nos. 1, 2, 4, 6, and 9-13 be withheld " pursuant to section 552.122(b). You inform us that you have released the remaining requested information. We have considered the exception you claim and reviewed the submitted information.

Section 552.122(b) excepts from disclosure test items developed by a licensing agency or governmental body. In Open Records Decision No. 626 (1994), this office determined that the term "test item" in section 552.122 includes any standard means by which an individual's or group's knowledge or ability in a particular area is evaluated, but does not encompass evaluations of an employee's overall job performance or suitability. Whether information falls within the section 552.122 exception must be determined on a case-by-case basis. Open Records Decision No. 626 at 6 (1994). After reviewing the submitted information, we conclude that questions 1, 2, 4, 6 and 9 do test an individual's or group's knowledge or ability in a particular area. Thus, you may withhold the questions, preferred answers and responses for numbers 1, 2, 4, 6 and 9 under section 552.122(b). You therefore must release the remaining information.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.


David Van Brunt Price
Assistant Attorney General
Open Records Division


Ref: ID# 124381

Encl: Submitted documents

cc: Ms. Brenda E. Flores
1602 Creek Hollow
Austin, Texas 78754
(w/o enclosures)


POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
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