AG OPINION / NEWS RELEASE: Ransom County Commission

[-Info-Attorney General]

A new Attorney General’s Open Records Opinion has been issued:

 

Opinion #:                2026-O-03

 

Date Issued:            January 27, 2026

 

Issued To:                 Ransom County Commission

 

Request:                   Whether the Ransom County Commission violated N.D.C.C. § 44-04-18 by requiring a requester to sign a document for receipt of records in response to an open records request.

 

Conclusion:             The Ransom County Commission violated N.D.C.C. § 44-04-18 by requiring a requester to sign an acknowledgment as a condition of receiving records in response to an open records request.

 

 

You can view this opinion here.

 

Thank you,

 

Office of the Attorney General

Drew H. Wrigley

[-Info-Attorney General]

A new Attorney General’s Open Records Opinion has been issued:

 

Opinion #:                2026-O-04

 

Date Issued:            January 30, 2026

 

Issued To:                 Department of Health and Human Services

 

Request:                   Whether the Department of Health and Human Services violated N.D.C.C. § 44-04-18 by failing to provide Emergency Medical Treatment and Labor Act complaint records sent to the Centers for Medicare & Medicaid Services.

 

Conclusion:             The Department of Health and Human Services substantially complied with N.D.C.C. § 44-04-18 when it denied a request for the records that the Department of Health and Human Services transmitted to the Centers for Medicare & Medicaid Services      
                                      relating to the Emergency Medical Treatment and Labor Act complaint, as North Dakota’s agreement with the United States Department of Health and Human Services prohibits disclosure of the requested records.

[-Info-Attorney General]

A new Attorney General’s Open Records Opinion has been issued:

 

Opinion #:                2026-O-05

 

Date Issued:            February 27, 2026

 

Issued To:                 Mandan City Commission

 

Request:                   Whether the Mandan City Commission held a meeting without providing proper notice in violation of N.D.C.C. § 44-04-20 when a quorum of the Commission did not attend.

 

Conclusion:            The Mandan City Commission was not required to provide notice because a quorum of the Commission did not attend.

[-Info-Attorney General]

A new Attorney General’s Open Records Opinion has been issued:

 

Opinion #:                2026-O-06

 

Date Issued:            February 27, 2026

 

Issued To:                 Morton County

 

Request:                   Whether Morton County’s response to a request for records complied with N.D.C.C. § 44-04-18.

 

Conclusion:            Morton County complied with the open records law when the Auditor, within a reasonable time, informed the requester that the records were not in the County’s possession. The County was not required to obtain or provide records maintained by Morton
                                                  County Housing Authority, a separate public entity.

[-Info-Attorney General]

A new Attorney General’s Opinion has been issued:

 

Opinion #:                2026-L-01

 

Date Issued:            March 4, 2026

 

Issued To:                 Joshua C. Gallion, State Auditor  

 

Request:                   Whether North Dakota Century Code, N.D.C.C. § 54-10-22.1, authorizes the State Auditor and the Auditor’s employees to conduct an audit of the North Dakota Protection and Advocacy Project including records in that entity’s possession that are made  
                                                  confidential by state or federal law.

 

          Whether Rule 1.6 of the North Dakota Rules of Professional Conduct for licensed attorneys prohibits the North Dakota Protection and Advocacy Project from disclosing to the State Auditor the contents of a client file for the purpose of conducting a non-          
          financial performance audit under N.D.C.C. ch. 54-10 when the requested file includes information about individuals and businesses in the private sector who chose to contact P&A

 

Conclusion:           It is my opinion that federal law does not prevent the state from auditing the North Dakota Protection and Advocacy Project. Even though the North Dakota Protection and Advocacy Project possess confidential records, N.D.C.C. § 54-10-22.1 authorize  
                                                 the State Auditor and the employees of the Auditor’s Office to review the records without detriment to the North Dakota Protection and Advocacy Project.

[-Info-Attorney General]

A new Attorney General’s Open Records Opinion has been issued:

 

Opinion #:                2026-O-07

 

Date Issued:           March 23, 2026

 

Issued To:                City of Mandan, ND

 

Request:                  Whether the City of Mandan violated N.D.C.C. § 44-04-18 by failing to respond to an open records request within a reasonable time when the city provided prior notice and alternative means of communication before blocking an email address.

 

Conclusion:           The City of Mandan provided the requester with notice and alternative means to make open records requests before blocking his email address. As such, the City of Mandan did not violate N.D.C.C. § 44-04-18 in this instance because it had no obligation   
                                                  to respond to a request that it did not receive.

[-Info-Attorney General]

A new Attorney General’s Open Records Opinion has been issued:

 

Opinion #:                2026-O-08

 

Date Issued:            March 23, 2026

 

Issued To:                 Grand Forks Police Department

 

Request:                   Whether the Grand Forks Police Department violated N.D.C.C. § 44-04-18 by initially denying a request for records under N.D.C.C. § 44-04-18.7 on the basis that the records constituted active criminal investigative information.

 

Conclusion:            The Grand Forks Police Department did not violate N.D.C.C. § 44-04-18 by denying the requested records because the records constituted active criminal investigative information under N.D.C.C. § 44-04-18.7.

[-Info-Attorney General]

A new Attorney General’s Opinion has been issued:

 

Opinion #:               2026-O-09

 

Date Issued:          April 27, 2026

 

Issued To:               Office of the State Tax Commissioner  

 

Request:                 Whether the Office of the State Tax Commissioner violated N.D.C.C. § 44-04-18 by refusing to disclose whether specific businesses had sales and use tax permits.

 

Conclusion:           The State Tax Commissioner did not violate the open records law by refusing to disclose whether specific businesses held sales and used tax permits. The information requested is confidential under N.D.C.C. § 57-39.2-23(1)(a).

[-Info-Attorney General]

A new Attorney General’s Opinion has been issued:

 

Opinion #:               2026-O-10

 

Date Issued:          June 2, 2026

 

Issued To:               William’s County Sheriff’s Office  

 

Request:                 Whether the Williams County Sheriff’s Office violated N.D.C.C. § 44-04-18 by improperly withholding records under N.D.C.C. § 12-44.1-28.

 

Conclusion:           The William’s County Sheriff’s Office did not violate N.D.C.C. § 44-04-18 by refusing to release records which are exempt or confidential under N.D.C.C. § 12-44.1-28.