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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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 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 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…
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…
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 was …
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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.