North Dakota Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in North Dakota, with full citations and the original source on every page.
Can the North Dakota Tax Commissioner refuse to confirm whether a specific business holds a sales-tax permit?
Yes. The AG concluded that whether a business has a sales-tax permit is confidential taxpayer information under N.D.C.C. § 57-39.2-23(1)(a). Confirming or denying permit status would reveal the busine…
When a North Dakota newspaper asks for the police report and body-camera footage from a state legislator's DUI arrest, can the police department withhold the records as 'active' even though the legislator has been arrested and the case is moving through the courts?
Yes, until the prosecution is complete. Under N.D.C.C. § 44-04-18.7, criminal investigative information is 'active' as long as the investigation continues with a reasonable good-faith anticipation of …
If a North Dakota city has officially blocked someone's email address (after notifying them and offering alternative methods to make records requests), and the person sends a records request via that blocked email anyway, does the city violate the open records law by not responding?
No. North Dakota's open records law does not require a public entity to accept email records requests, as long as the entity has provided notice that email is not an accepted method and has offered re…
Can the North Dakota State Auditor audit the state's Protection and Advocacy agency, including records that are confidential under federal disability-rights laws and state attorney-client privilege rules?
Yes. North Dakota's audit-access statute (N.D.C.C. § 54-10-22.1) starts with 'notwithstanding any other specific sections of law,' giving the State Auditor access to confidential records during audits…
If I ask a North Dakota county for records and the records are actually held by a separate housing authority that the county appoints board members for, does the county have to track down those records for me?
No. North Dakota's open records law only requires a public entity to provide records that it actually possesses or has custody of. A housing authority is a separate public entity under N.D.C.C. § 23-1…
When North Dakota residents invite city commissioners to a public meeting and only two of five commissioners actually show up, has the city commission violated the open meetings law if no special meeting notice was issued?
No. The open meetings law applies to a 'meeting,' which under North Dakota statute requires either a quorum of the governing body or a smaller-than-quorum gathering held to evade the open-meeting rule…
Can the North Dakota Department of Health and Human Services refuse to release records it sent to the federal Centers for Medicare and Medicaid Services about a hospital complaint?
Yes. The AG concluded DHHS substantially complied with North Dakota's open records law by refusing to release the EMTALA complaint records, because the state's 1985 agreement with the federal HHS Secr…
Can a North Dakota county make a person sign an acknowledgment as a condition of receiving copies of public records?
No. The AG concluded the Ransom County Commission violated the open records law by requiring the requester to sign an acknowledgment of receipt before getting county-commission minutes. The law does n…
Does a North Dakota school district violate the open records law by giving a requester redacted documents and explaining the redactions verbally instead of in writing?
Not necessarily. The AG concluded the Williston Basin School District substantially complied with the open records law. The district provided records the day after they were requested, and verbally ex…
If a North Dakota school district can't find old bid records because the project was finished by a predecessor district before reorganization, did it violate the open records law?
No. North Dakota's open records law only requires a public entity to provide records it actually possesses. AG Wrigley concluded that Williston Basin School District #7 complied with N.D.C.C. § 44-04-…
Did a North Dakota rural ambulance district violate the open meetings or open records laws when its email notice to the official newspaper got stuck in an outbox, and when it took 80 days to release a severance agreement?
Mostly no on the meeting notice (the email failure was a technical glitch and the AG found substantial compliance for both meetings), but yes on the records side. The 80-day delay in releasing a sever…
Can a North Dakota state's attorney refuse to release records of a child-sexual-abuse investigation to the convicted defendant, and how long can the office take to respond?
Yes on the substance: state's attorneys can withhold records that fall within the active-criminal-investigation exemption, juvenile-records confidentiality, child-abuse-report confidentiality, and chi…
When a North Dakota county commission calls a special meeting, what notice does it have to give and what must the minutes record?
Special meetings need notice to the principal office, the meeting location, the website, the county auditor, anyone who has requested notice, AND the official newspaper. Minutes must record members pr…
Can North Dakota's Ethics Commission grant officials legal immunity through advisory opinions, and can its rules override state statutes passed by the Legislature?
No on both counts. AG Wrigley concluded that the Commission's Advisory Opinion 25-01 (greenlighting use of campaign funds for caregiving and security expenses) exceeded the Commission's authority beca…
If a state agency deletes a meeting video on a records-retention schedule and a journalist asks for it later, is that a violation of the open records law?
No. A public entity does not violate the open records law by failing to provide a record that no longer exists, when the record was deleted in accordance with a published retention schedule. The agenc…
Can the public get a list of which specific companies and how much money each individual investment manager has put the North Dakota Legacy Fund into?
No. Manager-specific position information is confidential commercial and financial information under N.D.C.C. § 44-04-18.4. The Retirement and Investment Office must publish aggregate Legacy Fund hold…
If a public-entity insurance pool denies my claim, can it also refuse to give me its claim file by calling it 'active litigation records'?
No, not on these facts. The North Dakota Insurance Reserve Fund violated the open records law by refusing the Kommers' claim file twice, first under an overbroad reading of the reserves-confidentialit…
When someone asks a North Dakota sheriff's office for records about a victim or witness in a criminal case, must the sheriff release them?
Records that could be used to locate a victim or witness are exempt and protected. But the sheriff cannot deny the entire records request just because some pages contain protected information. The she…
Can sitting county commissioners have one-on-one chats with newly elected commissioners about portfolios and the chair election before the new commissioners take office?
Yes, on the facts here. Conversations before a commissioner-elect's term began (the first Monday in December under N.D.C.C. § 11-10-05.1) don't involve a quorum of the current commission. As long as t…
Is a private nonprofit senior services organization that gets county mill levy funding subject to North Dakota's open records and meetings laws?
Partially. The Williston Council for the Aging, a private nonprofit getting about 27% of its budget from county mill levies under N.D.C.C. § 57-15-56, is a 'public entity' to the extent of those publi…
Can a North Dakota city charge for record copies before sending them, and can it deny a records request just because the records contain some confidential information?
Yes on the fee (cities may charge up to 25 cents per page, plus actual postage, and may require payment in advance). No on the blanket denial: the city must redact the confidential bits and release th…
If a North Dakota agency hands me a $3,475 estimate to fulfill an open records request, can I challenge it as excessive?
Only if the charges aren't authorized by law. The West Fargo Police Department's $3,475 estimate (78 General Orders + 63 personnel files, one hour redaction each, $25/hour after the first two free hou…
Can a sheriff's office try to identify the person behind an anonymous records request, if it has separate reasons to investigate that person?
Yes, when the inquiry happens in a separate internal affairs investigation, not as part of the records-request process. The Cass County Sheriff's Office processed the anonymous CODE 4 MEDIA records re…
If a public entity never receives my emailed records request because of a server problem, is it still required to respond?
No. The AG concluded that an unreceived open records request creates no more obligation to respond than an unsent one. The City of Parshall's email service provider had a delivery problem during the C…
Can a private school bus company be forced to give up its bus routes under North Dakota's open records law?
No, not by the company itself. A private contractor that provides services to a school district at fair market value is not a 'public entity' under N.D.C.C. § 44-04-17.1(13). Records held by the contr…
Is a small private rural hospital that occasionally gets city sales-tax money for equipment subject to North Dakota's open meetings law?
Only as to the public funds. Jacobson Memorial Hospital Care Center, a private nonprofit critical access hospital in Elgin that received three sales-tax-fund grants from the City of Elgin (in 2013, 20…
When can a county commission go into closed executive session, and what has to be in the meeting notice?
Notice of every anticipated executive session must be in the public meeting agenda. Once in executive session, the discussion must actually fit one of the narrow statutory exceptions (here, attorney c…
Can a North Dakota city council ask employees to leave the room during an open meeting when their salaries are being discussed?
No. The AG concluded that the New Town City Council violated North Dakota's open meetings law when it asked four employees, attending after hours in their personal capacity, to leave during a salary d…
If a North Dakota airport authority misspells the email when notifying the city auditor of a special meeting, has it given valid notice?
No. Posting a notice at both terminals on the day of the meeting was not enough. A typo that prevented the city auditor from receiving the notice, plus failure to alert the official newspaper, was not…
If a North Dakota Governor's written veto message says one thing about which language is being struck, but the marked-up bill attached to it says another, which one controls?
The written statement of objections controls. The North Dakota Constitution requires the Governor to return the vetoed bill or item with a written statement of objections, and the words used in that s…
If a city's online complaint form silently routes my records request to the wrong inbox, is that my fault or the city's?
It is the city's. Mandan took two months to answer a request submitted through its 'Report a Concern' form because the request was misrouted and apparently deleted. The AG ruled the delay was unreason…
What can a North Dakota school district legally charge for fulfilling an open records request, and what fees are off-limits?
A North Dakota school district can charge up to $25 per hour for locating records and excising confidential information, but only after the first hour of each. It cannot charge for mileage, travel tim…
If a North Dakota township posts its meeting notice in the newspaper and on its website but not at the meeting site, is the meeting still validly noticed?
Yes. Substantial compliance is enough. Posting in the newspaper and on the website covered the requirement, even though no notice was posted at the school where the meeting was held. But the same town…
What does a North Dakota public board have to do before going into closed session to talk to its lawyer?
Announce the topics and the legal authority for closing the meeting, then take a recorded roll call vote, not a chorus of 'aye'. Most discussion in a closed 'attorney consultation' must actually be at…
How long can a North Dakota township take to respond to an open records request before the delay becomes a violation?
Reasonable response is usually measured in hours or days, not weeks. A six-week delay was unreasonable, even when the township blamed the unexpected resignation of the treasurer who managed its email …
Does a North Dakota city council have to put the meeting location on its public notices, even when meetings always happen in the same place?
Yes. Location is a 'material element' of meeting notice under N.D.C.C. § 44-04-20. Habit cannot substitute. Special meetings must also be noticed to the local newspaper.
Does a federally registered political action committee that files campaign reports under one North Dakota statute get out of filing under another?
No. A PAC registered with the Federal Election Commission that files independent-expenditure reports under N.D.C.C. § 16.1-08.1-03.7 still has to file the regular campaign disclosure statements under …
When a public flood-control authority sets up a private dispute-review board to handle construction disputes, do open meeting laws apply?
Yes. The Metro Flood Diversion Authority is a public entity. Its Technical Dispute Review Board, set up by contract with a private developer to resolve construction disputes, is a committee of the MFD…
When can a North Dakota city council go into executive session to talk to its lawyer about possible litigation?
Lincoln City Council went into executive session to talk to its attorney about possibly suing the former city auditor over a bond claim. The AG concluded the executive session wasn't authorized: the l…
Is a county historical society subject to North Dakota open meetings law, and what counts as proper meeting minutes?
Yes, the Emmons County Historical Society is a public entity because it receives Emmons County funding and is recognized under N.D.C.C. § 11-11-53. The president's 'personal notes' from three monthly …
Can a North Dakota home rule city like Fargo use approval voting for city elections instead of the ballot format required by state law?
Yes. Fargo voters approved an approval-voting amendment to the city charter in 2018, and the city implemented it through Ordinance 5191. North Dakota law gives home rule cities the power to provide fo…
Can a North Dakota agency refuse to give me records because of an old unpaid invoice if I've already sent them a check that they didn't cash?
No. The Mandan Park District tried to deny S. Paul Jordan's records request because he had a $25 outstanding invoice from a prior request. He had already mailed a personal check for $25 with 'theft if…
Can a North Dakota home rule city set its own recall election rules that differ from the state's recall procedure?
No. Dickinson's home rule charter article 8 sets a 15% signature threshold and a 15-day review period for recall petitions, conflicting with the 25% threshold and 30-day review in state law (N.D.C.C. …
Does Bismarck's home rule charter override the state-law deadline for filing a petition to initiate a city ordinance?
No. Bismarck's Home Rule Charter article 5 lays out the procedure for initiating an ordinance but doesn't set a deadline for filing the petition. When a home rule charter is silent on a topic, state l…
If someone removed culverts from abandoned railroad property and now my land is flooding, can I make the water resource district investigate?
Yes. North Dakota water resource districts have a mandatory duty to investigate unauthorized drainage complaints under N.D.C.C. § 61-32-07. Property ownership does not affect whether the duty to inves…
Can a sitting North Dakota district court judge collect NDPERS main-plan retirement benefits while still serving on the bench?
No. A sitting North Dakota district court judge cannot collect from the NDPERS main plan because there is no dual-coverage exemption for judges. The main plan and the judges plan are funded by the sam…
When a North Dakota school board calls an emergency meeting on short notice and goes into executive session, what notice does it have to give the public?
The Apple Creek School Board called an emergency meeting on a few hours' notice with a vague website announcement, then held two executive sessions and discussed unrelated topics. The AG concluded the…
If a public agency in North Dakota tells me they don't have any more records and I think they're holding back, what can I do?
The Stanley Rural Ambulance District turned over a screenshot and a link, then repeatedly told Adam Buss there were no other responsive records. The AG concluded that's compliance with open records la…
Can a North Dakota public body call a special meeting on five minutes' notice and still comply with open meetings law?
Yes. The Stanley Rural Ambulance District announced a special meeting only five minutes before it started, but it met the notice requirements because the public and the local newspaper were notified a…
Is a North Dakota critical access hospital that gets some public funding (mill levy money, city sales tax) subject to the open records law?
Yes, but only as to records related to its use of public funds and its government-agency activities. Southwest Healthcare Services received mill levy money, applied for City of Bowman healthcare sales…
Can a North Dakota city commission go into executive session for attorney consultation when the meeting notice didn't mention an executive session, and discuss general updates rather than just legal advice?
No to both. The Tioga City Commission's July 18, 2022 meeting notice violated open meetings law because it didn't mention any anticipated executive session even though the city attorney and auditor kn…
Does North Dakota's military pay tax exemption cover National Guard Active Guard Reserve, dual-status technicians, and ADOS service?
Yes. Pay received by a North Dakota Guard or reserve member for service in Active Guard Reserve (AGR), Dual-Status Technician (DST), Dual-Status State Employee (DSSE), or Active Duty for Operational S…
Can a North Dakota board withhold an executive session recording on grounds (attorney consultation, negotiation strategy) different from those listed in the meeting notice?
Yes, the Board properly denied access. The general subject matter listed on the notice was good enough to comply with N.D.C.C. § 44-04-20(2). The executive session itself was authorized for attorney c…
Can a North Dakota professional licensing board withhold a licensee's response in a disciplinary case as 'confidential' even when no peer review committee has been formed?
The Board of Chiropractic Examiners' decision to withhold a licensee's disciplinary response was reasonable given the unclear statute, but technically incorrect. N.D.C.C. § 43-06-14.1(7)'s confidentia…
Is the personal water bill of a North Dakota fire chief a public record subject to disclosure under the open records law?
No. The Mandan Fire Department did not violate the open records law by denying a request for the Fire Chief's personal water bill. A public official's personal water bill is not a record of the public…
Does a North Dakota county board violate the open records law just by overlooking a records request and never responding?
Yes. The Morton County Board of Equalization violated the open records law when it failed to respond at all to a 2022 request for the Board's annual meeting publication notices. 'It got overlooked' is…
If a North Dakota public agency does not have a record I asked for, does it have to tell me, or can it just stay silent?
The Morton County Sheriff's Office did not violate the open records law by not producing a record that did not exist, but it did violate the law by not telling the requester that the record did not ex…
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Attorney general opinions in North Dakota are written by the North Dakota Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.