Manuals for State and Local Government Agencies

The following publications can be downloaded and saved or printed. 

Administrative Rules 

The Office of Attorney General is required to review every proposed administrative rule and issue an opinion as to its legality prior to its final adoption. This manual explains the legal requirements involved in the administrative rulemaking process.

Acquisition and Disposal of Property and Services

For assistance relating to a public entity's acquisition and disposal of property and services, please contact the attorney who advises the entity.  

Contract Drafting

The Contract Drafting manual is written so that a preliminary draft of a proposed contract can be prepared by a non‑attorney for review by the state agency’s assigned attorney.

Although contracts are the product of policy decisions by the agency, the Attorney General's office should be consulted to determine the contract's legality before a proposed contract is forwarded to the other party.  This is particularly important if a contract contains unique or novel issues, imposes a significant financial obligation on the state, or relates to a project that could create significant liability for the state.

Joint Powers Agreements

The Attorney General's office reviews Joint Powers Agreements (JPA) to determine if they are "legally sufficient" only if they fall under one of the following three laws:

  1. NDCC Section 54-40.3-01 (2): A JPA between a political subdivision of this state and a ND state entity "for the undertaking of any power or function which any of the parties is permitted by law to undertake."
  2. NDCC Section 54-40-08: A JPA between a political subdivision of this state and a ND state entity "for the use of buildings and facilities under the control of the ND state entity."
  3. NDCC Section 54-40.3-04: A JPA between a ND state or local criminal justice agency and another state or a political subdivision of another state "for the joint exercise of peace officer duties."

If the JPA does not fall under one of these descriptions, any review is instead conducted by the attorneys who represent the participating entities.  

Extradition 

The Extradition manual includes instructions and the necessary documents to assist government entities with the preparation of extradition and rendition requests.