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.
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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…
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…
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…
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…
Must a North Dakota ambulance district identify a board member’s unrecorded source of information in response to a records request?
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…
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…
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…
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…
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…
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…
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…
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…
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'…
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 Sheriff did not have to create a report that did not exist, but he had to reply to the request and promptly tell the requester that no report existed. The AG directed the Sheriff's Office to…
Does a North Dakota agency violate the open-records law if a citizen's email request never reached the agency because it was filtered out as spam?
The AG found no violation by the three entities because they had not received these emailed requests. After the complaint brought the requests to their attention, they searched for records; NDIT…
Can a citizen use North Dakota's open-records law to demand a public official's personal utility bill from the official's office?
No. The Morton County State's Attorney's personal home water bill is not a record of his office, so denying a request for it under the open-records law was proper. The same record, if held by the…
How long can a North Dakota agency take to respond to an open-records request before it counts as an unreasonable delay?
The AG found the Board's response reasonable, describing it as a twenty-one-day delay. The records required a discretionary release decision, the request crossed the Christmas and New Year holidays,…
Does a North Dakota county have to pre-qualify auction bidders or have a contract-for-deed template ready before a tax lien foreclosure sale?
No. A North Dakota county does not have to pre-qualify bidders before a tax lien foreclosure auction; the qualification check kicks in once a high bidder is identified. The county also does not have…
Once a North Dakota public board properly notices an executive session, can it discuss any topic behind closed doors as long as an attorney is in the room?
No. The AG concluded the Williston Basin school board's notice and announcement were fine, but it strayed outside the announced attorney-consultation and negotiation-strategy topics during the…
How long can a North Dakota city take to respond to a public records request before it's considered an unreasonable delay?
Hours or days, not weeks. The AG concluded Fargo violated the open records law by taking nearly four weeks to provide 59 pages of records without explaining the delay to the requester.
If a majority of county commissioners show up to an internal department meeting and listen to county business, does that count as a Commission meeting requiring public notice?
Yes. The ND AG held the Wells County Commission violated open meetings law when three of its five members attended a 'Departments Meeting' on February 24, 2022, that included discussion of county…
Can a North Dakota law enforcement agency refuse to release 911 transcripts because they're part of an active criminal investigation?
Refusing to release a 911 transcript outright violates open records law. The ND AG concluded the Highway Patrol and State Radio violated N.D.C.C. § 44-04-18 when they refused The Forum's request for…
If a North Dakota park board posts the right meeting notice in person but accidentally shows the wrong date on its website, has it violated open-meetings law?
The ND AG found substantial compliance on these facts. The Board posted the correct notice at its office, which was inside the meeting location, notified the newspaper and was presumed to have…
If county commissioners meet one-on-one with the same official to discuss the same project, does that violate North Dakota's open meetings law?
Yes. The North Dakota Attorney General held the Billings County Commission violated open meetings law when its three commissioners met individually, on the same day, with the NDDOT director about…
Can a teacher at a North Dakota religious private school receive a state grant for mentoring new teachers, or does the state constitution's Blaine Amendment block it?
Yes. The North Dakota AG concluded that teachers at religious private schools may receive grants from the state Teacher Support System for mentoring new teachers. North Dakota's Blaine Amendment,…
If a North Dakota provider is charged with performing an abortion, can the provider disclose the patient's protected health information to mount an affirmative defense?
Yes. The North Dakota AG concluded that HIPAA does not prevent a defendant charged under N.D.C.C. § 12.1-31-12 from disclosing a patient's protected health information to assert an affirmative…
If a voter's ID shows they were once a non-citizen but they say they're now a U.S. citizen, can a North Dakota poll worker demand proof of citizenship before letting them vote?
No. The North Dakota AG concluded that an election official cannot require a voter to provide documentary proof of citizenship. Current statute only authorizes verification of name, age, and…
Can a North Dakota township refuse an open-records request by pointing to a lawsuit that has already been decided and not appealed?
The AG concluded the Township was wrong to deny. North Dakota's litigation exception under § 44-04-18(6) only blocks open-records requests from a litigant when there are still discovery procedures…
What notice does a North Dakota township board have to give before holding a special meeting?
The AG concluded the Butte Township Board violated North Dakota's open meetings law for three special meetings. Notice has to be filed with the county auditor, posted at the meeting location on the…
Is North Dakota's physician impairment program (NDPHP) subject to open records and meetings laws even though it's run by a nonprofit contractor?
Yes. The North Dakota AG concluded the North Dakota Professional Health Program (NDPHP) is a public entity under N.D.C.C. § 44-04-17.1(13) and subject to open records and meetings laws. The NDPHP…
Does an advisory committee created by a school superintendent without school board action have to follow North Dakota's open meetings law?
No. The superintendent created this committee as part of his administrative duties, without school board direction or delegated authority. The AG concluded it was not a 'governing body' subject to…
Is it OK to wait six weeks to give a citizen meeting minutes after she requested them, and did the special meeting itself get proper notice?
The November 1, 2021 special meeting was properly noticed (email to newspaper plus website). But waiting over a month to provide requested meeting minutes was an unreasonable delay and violated the…
If a North Dakota citizen asks a school board to be personally notified of all future meetings, does the board have to send her notice of a special meeting?
Yes. Under § 44-04-20(5), when a citizen requests notice of future meetings, the public entity must give that person personal notice of each meeting, including special meetings. Public posting plus…
Can a North Dakota city hold administrative nuisance hearings before its regular meeting without giving notice, and can it withhold the city attorney's emails as work product?
No on both counts. A quorum holding administrative nuisance hearings is a meeting that requires notice to the newspaper and the public. And the attorney work product exemption requires all three…
If a North Dakota local board of equalization never actually convenes, can it still be cited for failing to give meeting notice?
No. The open meetings statute applies only when there is a meeting. If a quorum never convened and no public business was discussed, there is nothing to notice, so there cannot be a notice violation.
Does North Dakota's ban on 'electronic machine-readable code' for vaccination records mean the Department of Health cannot use QR codes for anything?
No. The phrase 'electronic machine-readable code' in § 23-01-05.3 is limited to QR codes that carry vaccination-record information. It does not stop the Department of Health from using QR codes in…
If a North Dakota board posts notice of a phone meeting on its Facebook page and website, is that enough?
No. Posting only to Facebook and the board website misses the legal requirements: notice must also go to the principal office, the official newspaper for special meetings, and the notice must…
If a North Dakota board calls a special meeting, does it have to say on the notice that an executive session will happen?
Yes. If a special meeting will include an executive session, the notice must specifically list it and describe the general subject matter. Posting only the open-meeting topic and then going into a…
If a North Dakota licensing board discussed me in executive session, can I get a copy of that recording?
The Board properly denied both requests for this recording. The protection covered its discussion of confidential records, and the subject could not waive that protection. The opinion lists limited…
Is it enough for a North Dakota board to cite the executive-session statute on the agenda, or does the chair have to say the legal basis out loud?
Both. The agenda needs the general topic, and the chair must announce the specific legal authority (such as 'attorney consultation') in open meeting before going into executive session. Citing the…
What happens in North Dakota if a city forgets to post notice of a city council meeting?
The AG found a violation of N.D.C.C. § 44-04-20. Because the city had already prepared and published detailed minutes, it also had to provide copies free to the requester and anyone else who asked.…
If the North Dakota Board of University and School Lands has lands that didn't lease at the first auction, can it hold a second auction, and does the second auction have to be at the county seat?
Yes and yes. Section 15-04-14 lets the Board lease unleased trust lands either by direct contract or by a second public auction, the choice being a discretionary call under its fiduciary duty. If it…
Can a North Dakota school board enter executive session for 'negotiations of contracts' without saying which contract is being negotiated?
No. A motion or notice saying only 'executive session for negotiating strategy' or 'Negotiations of Contracts' does not give the public enough information. Under § 44-04-20(2) and § 44-04-19.1(9),…
How long can a North Dakota county take to respond to an open records request before the delay itself is a violation?
A North Dakota public entity must provide requested records or explain the delay within a reasonable time. Stark County took eleven business days to acknowledge this request and over two months to…
When North Dakota allocates oil and gas tax revenue to constitutional funds, must the share belonging to tribes from reservation wells be counted, or only the state's own share?
Only the state's share. The North Dakota AG concluded that tribal-share gross production and oil extraction tax revenue (distributed directly to tribes under N.D.C.C. ch. 57-51.2) should not be…
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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.