§ 44-04-21.1 — Administrative review procedure

North Dakota § 44-04-21.1

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-04: Duties, Records, and Meetings

Text

1. Any interested person may request an attorney general's opinion to review a written
denial of a request for records under section 44-04-18, a denial of access to a meeting
under section 44-04-19, or other alleged violation of section 44-04-18, 44-04-19,
44-04-19.2, 44-04-20, or 44-04-21 by any public entity other than the legislative
assembly or any committee thereof. A request made under this section must be made
within thirty days of the alleged violation, except that a request based on allegations
that a meeting occurred without the notice required by section 44-04-20, must be
made within ninety days of the alleged violation. In preparing an opinion under this
section, the attorney general has discretion to obtain and review a recording made
under section 44-04-19.2. The attorney general may request and obtain information
claimed to be exempt or confidential for the purpose of determining whether the
information is exempt or confidential. Any such information may not be released by the
attorney general and may be returned to the provider of the information. The attorney
general shall issue to the public entity involved an opinion on the alleged violation,
which may be a summary opinion, unless the request is withdrawn by the person
requesting the opinion or a civil action has been filed involving the possible violation.
The attorney general may decline to issue an opinion if the person requesting the
opinion has made more than one request within the last thirty days or more than five
requests for opinions in twelve months. If the request pertains to a public entity as
defined in subdivision c of subsection 13 of section 44-04-17.1, the opinion must be
issued to the public entity providing the public funds. In any opinion issued under this
section, the attorney general shall base the opinion on the facts given by the public
entity.
2. If the attorney general issues a written opinion concluding that a violation has
occurred, the public entity has seven days after the opinion is issued, regardless of
whether a civil action is filed under section 44-04-21.2, to disclose the record, to issue
a notice of a meeting that will be held within a reasonable time to correct the violation,
or to take steps to correct any other violation. If the public entity fails to take the
required action within the seven-day period and the person requesting the opinion
prevails in a civil action brought under section 44-04-21.2, the person must be
awarded costs, disbursements, and reasonable attorney's fees in the action and on
appeal. The attorney general may require officials of the public entity at issue in the
opinion to obtain mandatory training by a certain date. The consequences for failing to
comply with an attorney general's opinion issued under this section will be the same as
for other attorney general's opinions, including potential personal liability for the person
or persons responsible for the noncompliance.
3. If a state-level public entity as defined in subdivision a of subsection 13 of section
44-04-17.1 does not comply in full with the attorney general's opinion, and a civil action
is brought under section 44-04-21.2 or is reasonably predictable, the entity, at its sole
cost and expense, shall retain separate counsel who has been approved and
appointed by the attorney general as a special assistant attorney general to represent
the entity in that action.