North Dakota AG Opinions, 1998

LETTER OPINION 98-L-23 March 20, 1998 Mr. Sparb Collins Executive Director North Dakota Public Employees Retirement System 400 East Broadway, Suite 505 Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your January 26, 1998, letter asking whether the North Dakota Public Employees Retirement System (PERS) may, consistent with North Dakota Century Code (N.D.C.C.) chapter 54-52.1, provide Employee Assistance Program (EAP) benefits pursuant to N.D.C.C. § 54- 52.1-04.9 through an “Agency-Based” program.

March 9, 1998 Mr. Thomas E. Rutten Assistant City Attorney City of Devils Lake PO Box 1048 Devils Lake, ND 58301-1048 Dear Mr. Rutten: Thank you for your letter inquiring whether a violation of a Devils Lake city ordinance prohibiting consumption of alcohol by minors requires proof that the consumption occurred within the city limits of Devils Lake. Whether to prosecute a person for violating a city ordinance is generally left to the city attorney's discretion. Also, this office usually will not issue o

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-05 DATE ISSUED : March 3, 1998 ISSUED TO : Paul Ebeltoft, President, North Dakota Board of Higher Education CITIZENS’ REQUESTS FOR OPINIONS On February 20, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Tim Fought, on behalf of the Bismarck Tribune, asking whether the North Dakota Board of Higher Education (Board) violated N.D.C.C. §§ 44-04-19 and 44-04-20 when four board members met with University of North Dakota President Kendall Baker on Thursday, February 19, 1998, without givi

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-04 DATE ISSUED : March 3, 1998 ISSUED TO : Norbert Sickler, Administrator, Southwest Multi-County Correction Center Franklin "Tex" Appledorn, Chairman, Southwest Multi-County Correction Center Board of Directors CITIZENS’ REQUESTS FOR OPINIONS On December 11, 1997, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Marguerite Schatz asking whether the Southwest Multi-County Correction Center (SWMCCC) violated N.D.C.C. § 44-04-20 by holding meetings that were not precede

LETTER OPINION 98-L-17 March 2, 1998 Ms. Carol Olson Executive Director North Dakota Department of Human Services State Capitol Bismarck, ND 58505-0250 Dear Ms. Olson: Thank you for your letter asking whether certain information provided to the Department of Human Services (DHS) as an attachment to a contract with a contractor is confidential under N.D.C.C. § 44-04-18.4. The information referred to in your letter are the capitation rates paid to a contractor for medical coverage under the Medicaid pr

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-07 Date Issued: March 2, 1998 Requested by: Wayne P. Jones, Ransom County State's Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. § 11-15-07(5) authorizes a sheriff to charge a twenty-five dollar fee for serving an arrest warrant. II. Whether a sheriff can charge the district court a fee under N.D.C.C. §§ 11-15-07 and 11-15-13 for serving a search warrant, bench warrant, citation, order to show cause, notice of hearing, or other court order on behalf of the

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-03 DATE ISSUED : February 20, 1998 ISSUED TO : Glenn Giese, Director, Hettinger County Job Development Authority Lester Brackel, Chairman, Hettinger County Board of Commissioners CITIZEN’S REQUEST FOR OPINION On December 26, 1997, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kerry Schorsch asking whether the Hettinger County Job Development Authority (JDA) violated N.D.C.C. § 44-04-18 by denying a request for copies of open public records, by failing to provid

LETTER OPINION 98-L-14 February 17, 1998 Ms. Carol K. Olson Executive Director Department of Human Services State Capitol, Judicial Wing 600 East Boulevard Avenue Bismarck, ND 58505-0250 Dear Ms. Olson: Thank you for your letter concerning whether an after-school program provided in Bismarck Public School District facilities is excluded from the definition of early childhood services regulated by the state. You advise that the Bismarck Parks and Recreation District (Park District) operates an after-school program

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-06 Date issued: February 10, 1998 Requested by: Honorable Pam Gulleson, State Representative - QUESTIONS PRESENTED - I. Under what circumstances may a law enforcement officer seeking to apply the provisions of House Bill 1111 adopted by the 1997 Legislative Assembly and popularly known as the zero tolerance law ask a driver under the age of 21 years to submit to a chemical test under N.D.C.C. § 39-20-01, the implied consent law? II. For the purposes

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-05 Date Issued: February 9, 1998 Requested by: Douglas Mattson, Ward County State’s Attorney - QUESTION PRESENTED - Whether a child support obligor has made an excess payment w hich should be returned to the obligor or forwarded to the obligee without credit against future child support obligations when the obligor is current with all obligations and makes a payment a few days before the next monthly support obligation is due. - ATTORNEY GENERAL'S OPINION

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-04 Date Issued: January 28, 1998 Requested by: Jeanne McLean Behrens, Bottineau County State’s Attorney - QUESTIONS PRESENTED - I. Whether the issuance of an insufficient funds check in an amount less than $100 is a criminal offense under N.D.C.C. § 6-08-16(1) which would authorize a court to issue an arrest warrant. II. Whether individual insufficient funds checks in amounts less than $100 may be combined to authorize the imposition of enhanced penalties under N.

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION NO. 98-O-02 DATE ISSUED : January 27, 1998 ISSUED TO : Bismarck Public School Board President Melvin Fischer and District Superintendent Lowell Jensen CITIZEN’S REQUEST FOR OPINION On November 12, 1997, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Sophia Preszler regarding whether proper notice was provided of a meeting of the Bismarck School District’s Executive Cabinet held on November 6, 1997. To determine whether public notice was required, it is necessary to determine whether the Executive Cabi

ATTORNEY GENERAL'S OPEN RECORDS AND MEETINGS OPINION No. 98-0-01 DATE ISSUED : January 23, 1998 ISSUED TO : Griggs County State's Attorney Phyllis Ratcliffe CITIZEN'S REQUEST FOR OPINION On December 10, 1997, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Timothy Hill, on behalf of Griggs County Sheriff Paul Hendrickson, asking whether the Griggs County Board of Commissioners (Board) violated N.D.C.C. §§ 44-04-19 (open meetings), 44-04-19.2 (procedures for holding executive sessions), and 44-04-20 (public notice) when the Board met in executive session

LETTER OPINION 98-L-13 January 22, 1998 Mr. Reagan Pufall Chief Operating Officer and General Counsel Workers Compensation Bureau 500 E Front Ave Bismarck, ND 58504-5685 Dear Mr. Pufall: Thank you for your December 30, 1997, letter asking me to reconsider my December 23, 1997, opinion to State Auditor Robert R. Peterson, concerning the requirements that the performance audit mentioned in N.D.C.C. §§ 65-02-29 and 65-02-30 be conducted by a professional accounting firm. In light of your arguments, I have

LETTER OPINION 98-L-9 January 21, 1998 Honorable Aaron Krauter State Senator, District 35 HC 1, Box 27 Regent, ND 58650 Dear Senator Krauter: Thank you for your letter asking whether the New England Public School District will have any duty to provide for the education of juveniles sent by the federal government to a detention center planned to be built in the city of New England. The Southwest Multi-County Correction Center apparently operates pursuant to the authority provided in N.D.C.C. ch. 12-44.1.

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-03 Date Issued: January 16, 1998 Requested by: John T. Goff, Cass County State’s Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. § 57-12-01 requires a county board of equalization to assemble in a continuous meeting until it has completed its duties or whether the county board of equalization may recess the meeting for a period of time to gather information or to comply with the notice period required by N.D.C.C. § 57-12-06(2)(b). II. Whether a co

N.D.A.G. Letter to Johansen (Jan. 8, 1998) January 8, 1998 Mr. Douglas G. Johansen State Seed Commissioner North Dakota State Seed Department State University Station PO Box 5257 Fargo, ND 58105-7214 RE: Seed Commission Administrative Rules Dear Mr. Johansen: I have received letters from you and John Walstad, Code Revisor for North Dakota Legislative Council, regarding the September 27, 1997, meeting of the Administrative Rules Committee, during which the Committee reviewed proposed rules of the Seed Commission. You have asked for an "unofficial opinion" regarding the proposed ru

LETTER OPINION 98-L-5 January 8, 1998 Mr. Jerry Renner Kidder County State’s Attorney PO Box 229 Steele, ND 58482-0229 Dear Mr. Renner: Thank you for your letter forwarding questions from your clerk of district court/register of deeds relating to N.D.C.C. § 11-10-02, as amended by 1997 N.D. Sess. Laws ch. 31, § 7 (Senate Bill 2002). Your clerk of district court/register of deeds is concerned over the relationship between N.D.C.C. §§ 11-10-02 and 11-17-11. The former section relates to the county of

LETTER OPINION 98-L-1 January 8, 1998 Mr. Wayne P. Jones Ransom County State’s Attorney PO Box 391 Lisbon, ND 58054-0391 Dear Mr. Jones: Thank you for your letter asking when posted land may be entered to recover game shot or killed under N.D.C.C. § 20.1-01-19. Specifically, you ask the following questions: 1. Whether posted land means posted as set out in N.D.C.C. § 20.1-01-17? 2. If posted land means land posted “No Hunting”, does this mean that land posted “ No Trespassing” or “No Hunting and No

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-02 Date issued: January 8, 1998 Requested by: Calvin N. Rolfson, Special Assistant Attorney General North Dakota Board of Nursing - QUESTIONS PRESENTED - I. Whether state licensing boards may require that applicants for licensure disclose juvenile adjudications which would have required reporting as a crime if they were committed by an adult. II. Whether an applicant for licensure must disclose a juvenile adjudication for an offense that would be a crime as an adult i

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-01 Date issued: January 8, 1998 Requested by: Dwight F. Kalash, Grand Forks City Prosecutor - QUESTIONS PRESENTED - I. Whether an on-site alcohol screening device may be used to enforce the zero tolerance law established in House Bill 1111 by the 1997 Legislative Assembly. II. Whether the zero tolerance law established in House Bill 1111 creates a criminal per se violation of the driving under the influence laws when an operator of a motor ve