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
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.
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.
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.
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.