North Dakota Attorney General |

18 Mar TAXABLE PAY RECEIVED BY A NORTH DAKOTA TAXPAYER AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES FOR SERVING IN TITLE 32 ACTIVE GUARD RESERVE, TITLE 32 DUAL-STATUS TECHNICIAN, DUAL-STATUS STATE EMPLOYEE, OR ACTIVE DUTY FOR OPERATIONAL SUPPORT DUTY STATUS CONSTITUTES MILITARY PAY UNDER N.D.C.C. § 57-38-30.3(2)(g) AND IS, THEREFORE, TAX EXEMPT.

Posted at 14:22h in Opinions by Mykala Senner 0 Comments

March 14, 2024 Request: Does the expansion of state tax exemption in SB 2293, 2023 N.D. Leg. for “military pay” include otherwise taxable compensation received by a member of the military on for Active Guard Reserve (AGR) members, National Guard Dual Status Technicians (DSTs), Dual Status...

09 Jan PROFESSIONAL LICENSING BOARD DENIED A REQUEST FOR A PORTION OF AN EXECUTIVE SESSION HELD TO DISCUSS A PENDING DISCIPLINARY CASE. THEIR MEETING NOTICE SUBSTANTIALLY COMPLIED WITH OPEN MEETINGS LAWS.

Posted at 22:06h in Opinions by Mykala Senner 0 Comments

January 9, 2024 Request: Whether the Board properly denied a request for an executive session recording. Conclusion: The Board properly denied Dr. Schmitz’s request for a portion of the recording of an executive session held for attorney consultation, negotiation, and, as stated on the original notice, review...

09 Jan PROFESSIONAL LICENSING BOARD DENIED A REQUEST FOR A LICENSEE’S RESPONSE IN DISCIPLINE CASE

Posted at 17:37h in Opinions by Mykala Senner 0 Comments

January 9, 2024 Request: Whether the Board properly denied a request for a licensed chiropractor's response to a complaint in a pending discipline case. Conclusion: While the Board’s decision to deny the records was reasonable given the confidentiality provisions in its statute, absent a peer review committee,...

03 Jan THE MANDAN FIRE DEPARTMENT DID NOT VIOLATE THE OPEN RECORDS LAW BY DENYING A REQUEST FOR THE FIRE CHIEF’S PERSONAL WATER BILL

Posted at 16:36h in Opinions by Mykala Senner 0 Comments

January 3, 2024 Request: Whether the Mandan Fire Department violated the open records law by denying a record request. Conclusion: The Mandan Fire Department Chief’s personal water bill was not a record of the Mandan Fire Department. The record request was properly denied. You can view this opinion...

03 Jan THE MORTON COUNTY BOARD OF EQUALIZATION DID NOT RESPOND TO A REQUEST FOR RECORDS

Posted at 16:33h in Opinions by Mykala Senner 0 Comments

January 3, 2024 Request: Whether the Board of Equalization violated open records law when it failed to provide records. Conclusion: The Board violated open records law when it did not respond to a request for records. You can view this opinion at: 2024-O-01. [print-me] ...

27 Dec REQUESTERS SHOULD BE NOTIFIED IF REQUESTED RECORDS DO NOT EXIST

Posted at 21:38h in Opinions by Mykala Senner 0 Comments

December 27, 2023 Request: Whether the Morton County Sheriff’s Office violated open records law when it failed to provide records. Conclusion: The Morton County Sheriff’s Office should have informed the requester that requested records did not exist. You can view this opinion at: 2023-O-09. [print-me] ...

20 Nov COUNTIES ARE NOT REQUIRED TO QUALIFY BIDDERS PRIOR TO TAX LIEN FORECLOSURE AUCTIONS

Posted at 20:21h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Did Ramsey County conduct its 2022 annual tax lien foreclosure sale in accordance with N.D.C.C. title 57-28 in that it did not qualify bidders prior to the auction sale and did not provide a contract for deed template prior upon demand? Conclusion: Ramsey...

20 Nov NO VIOLATION OF OPEN RECORDS LAW WHEN ENTITIES FAILED TO RESPOND TO A REQUEST THEY DID NOT RECEIVE

Posted at 20:16h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Whether three entities violated the open records law by failing to respond to requests for records. Conclusion: Neither the Governor’s Office, the Agriculture Department, nor the NDIT violated the open records law when they failed to respond to a request for records that...

20 Nov THE MORTON COUNTY STATE’S ATTORNEY DID NOT VIOLATE THE OPEN RECORDS LAW BY DENYING A REQUEST FOR HIS PERSONAL WATER BILL

Posted at 20:12h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Whether the Morton County State’s Attorney violated the open records law by denying a record request. Conclusion: The State’s Attorney’s personal water bill was not a record of the Morton County State’s Attorney’s Office. The record request to the Morton County State’s Attorney’s...

20 Nov WHETHER THE BOARD PROVIDED RECORDS WITHIN A REASONABLE TIME

Posted at 20:09h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Whether the North Dakota Board of Chiropractic Examiners provided records within a reasonable time. Conclusion: Following a special meeting, held to discuss exempt information in the responsive records, the Board sent a cost estimate for redactions to the requester. The Board provided the...

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