North Dakota Attorney General Opinions

7 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-03 Date issued: February 6, 1991 Requested by: Dr. Wayne G. Sanstead Superintendent of Public Instruction - QUESTIONS PRESENTED - I. Whether a private school can participate in a statewide telecommunications system built with public funds. II. Whether a private school can receive grant funds from the Educational Telecommunications Council to enable it to connect to a statewide telecommunications system. - ATTORNEY GENERAL'S OPIN

N.D.A.G. Letter to Tracy (Feb. 5, 1991) February 5, 1991 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russell Building Highway 83 North 4007 State Street Bismarck, ND 58501-0600 Dear Ms. Tracy: Thank you for your January 21, 1991, letter requesting an opinion as to whether N.D.D.C. § 65-02-08 and 65-10-03 allow the Workers Compensation Bureau to promulgate administrative rules providing for the payment of attorney fees only when the claimant prevails in all stages of proceedings, including proceedings before the bureau. Agency rules must be

N.D.A.G. Letter to Martinson (Feb. 5, 1991) February 5, 1991 Honorable Bob Martinson State Representative House of Representatives State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0360 Dear Representative Martinson: Thank you for your January 30, 1991, letter requesting my opinion concerning the interpretation of the special Sunday event alcohol beverage permit statute (N.D.C.C. § 5-02-05.1). In your letter you ask three questions concerning that section which I will address in the order you presented them. Your first question is whether the governing body issuing a speci

N.D.A.G. Letter to Ficek (Feb. 5, 1991) February 5, 1991 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58602-0866 Dear Mr. Ficek: Thank you for your January 23, 1991, letter concerning the application of the Veterans' Preference Law in promotions. Your first question is whether N.D.C.C. § 37-19.1-02 applies to the internal departmental promotion process established by the City of Dickinson. District Judge Gordon Hoberg ruled, in January of 1985, that the Veterans' Preference Law did not apply to an internal promotion within the North Dakota State Hospital. C

N.D.A.G. Letter to Sanstead (Feb. 4, 1991) February 4, 1991 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your December 18, 1990, letter requesting my interpretation of certain provisions of subsection 2 of N.D.C.C. § 15-60-03 as set out in the following sentence which was added to that subsection by the Legislative Assembly in 1981: In determining whether a school district has an existing indebtedness to the maximum limit permitted by law for purposes of this section

5 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-02 Date issued: February 4, 1991 Requested by: Craig Hagen, Commissioner of Labor - QUESTION PRESENTED - Whether, under N.D.C.C. ' 34-14-02, an employer may require its employees to participate in a direct deposit program at a financial institution for the receipt of wages. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. ' 34-14-02 does not authorize an employer to unilaterally require its employees t

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-01 Date issued: February 4, 1991 Requested by: Cameron D. Sillers Cavalier County State's Attorney - QUESTION PRESENTED - Whether continued receipt of public assistance benefits prevents a person from gaining a new county of legal residence for poor relief purposes. - ATTORNEY GENERAL'S OPINION - It is my opinion that continued receipt of public assistance benefits prevents a person from gaining a new county of legal

N.D.A.G. Letter to Johnson (Jan. 30, 1991) January 30, 1991 Mr. James O. Johnson City Attorney P.O. Box 68 Garrison, ND 58540 Dear Mr. Johnson: Thank you for your January 7, 1991, letter requesting my opinion on the effect of a city's being unable to find a willing qualified candidate for the zoning commission. You ask if the candidate sought must reside outside the city limits but within the one-half mile territorial limit of the zoning regulation authority. The pertinent portion of North Dakota Century Code section 40-47-06 provides: In addition to the members appointed by the city,

N.D.A.G. Letter to Clayburgh (Jan. 30, 1991) January 30, 1991 Representative Richard S. Clayburgh House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Clayburgh: Thank you for your January 28, 1991, letter requesting my opinion on the constitutionality of prohibiting sales of alcohol on Good Friday. While I cannot give a definitive answer to your question, the prohibition against sale of alcohol on Good Friday is probably a violation of the establishment clause of the first amendment to the United States Constitution. That clause prohibit

N.D.A.G. Letter to Sinner (Jan. 25, 1991) January 25, 1991 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your recent request concerning adoption and enforcement of floodplain management regulations and North Dakota statutes controlling that process. For the reasons stated below, it is my opinion that N.D.C.C. §§ 11-33-02 and 58-03-11 and ch. 54-21.3 do not preclude North Dakota counties and townships from adopting and enforcing flood plain management regulations meeting the minimu

N.D.A.G. Letter to Yokim (Jan. 24, 1991) January 24, 1991 The Honorable Jim Yockim Senator, District 1 Senate Chambers State Capitol Building Bismarck, ND 58505 Dear Senator Yockim: Thank you for your letter of November 14, 1990, in which you asked whether land quitclaimed to a county for a highway right-of-way in 1933 also conveyed the minerals underlying the highway right-of-way. In 1933 a county's authority to acquire real property for a public purpose was regulated by two statutory provisions. Under the Complied Laws of 1913, section 8203, which was amended by 1931 N.D. Sess. La

N.D.A.G. Letter to Sinner (Jan. 21, 1991) January 21, 1991 Honorable George A. Sinner Governor State Capitol Bismarck, ND 58505 Dear Governor Sinner: Thank you for your January 9, 1991, letter concerning the legality of a North Dakota board or commission applying for a commercial credit card for the payment of travel, lodging, and meal expenses while on public business. N.D.C.C. § 44-08-03 provides: No elective or appointive officer, employee, representative, or agent of this state, or of any of its subdivisions, agencies, bureaus, boards, or commissions, shall wil

N.D.A.G. Letter to Dalstad (Jan. 16, 1991) January 16, 1991 Mr. Kenneth l. Dalsted Jamestown City Attorney P.O. Box 1727 Jamestown ND 58402-1727 Dear Mr. Dalsted: Thank you for your December 20, 1990, letter wherein you ask for my opinion regarding the authority of the City of Jamestown to enact a city sales tax under its home rule charter. You state in your letter that the City of Jamestown adopted a Home Rule Charter on March 7, 1978, which among other things, essentially adopted provisions of N.D.C.C. § 40-05.1-06(2) in Article 3(b) of the Charter. This provision provides: 40-05.

N.D.A.G. Letter to Cleveland (Jan. 9, 1991) January 9, 1991 Ms. Constance L. Cleveland Assistant State's Attorney Burleigh County Courthouse Bismarck, ND 58501 Dear Ms. Cleveland: Thank you for your August 30, 1990, letter requesting an Attorney General's opinion concerning the requirement for counsel for juveniles under N.D.C.C. § 27-20-26. The question you raise concerns the interpretation of N.D.C.C. § 27-20-26 and its application to the interview of a child concerning an ongoing investigation which implicates the child. Thus, the questioning you are concerned

N.D.A.G. Letter to Enget (Jan. 7, 1991) January 7, 1991 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your December 19, 1990, letter. The questions you raise are answered, in part, by a prior opinion issued by this office. See 1982 N.D. Op. Att'y Gen. 108. I have enclosed a copy of that opinion for your information. You first asked whether a re-elected sheriff has a statutory right to request that all of his employees reapply for their positions at the beginning of the new term of office. I have found no statute tha

N.D.A.G. Letter to Vogel (Jan. 4, 1991) January 4, 1991 Ms. Sarah Vogel Commissioner of Agriculture State Capitol Building INSIDE MAIL 600 East Boulevard Avenue Bismarck, North Dakota 58505 Dear Commissioner Vogel: Thank you for your October 29, 1990, letter in which you request my opinion regarding the applicability of N.D.C.C. ch. 43-29 to ultrasound devices used for the purposes of detecting pregnancy in livestock by a person who is not licensed to practice veterinary medicine. The law prohibits testing for pregnancy by a manual procedure by anyone who is not licensed to practice

N.D.A.G. Letter to Omdahl (Jan. 3, 1991) January 3, 1991 Honorable Lloyd Omdahl Lt. Governor State Capitol Bismarck, ND 58505 Dear Lt. Governor Omdahl: Thank you for your November 23, 1990, letter inquiring whether employees of the public corporations formed pursuant to N.D.C.C. § 54-56-04 may be bonded through the State Bonding Fund. N.D.C.C. ch. 54-56 established the Children's Services Coordinating Committee (hereafter the Committee) comprised largely of state executive officials whose function is to "plan for and coordinate delivery of services to children and adole

N.D.A.G. Letter to Wilkes (Dec. 31, 1990) December 31, 1990 Honorable Richard C. Wilkes P.O. Box 190 Bowbells, ND 58721-0190 Dear Mr. Wilkes: Thank you for your December 18, 1990, letter requesting my interpretation of N.D.C.C. § 11-10-05 as to when a new state's attorney could begin the discharge of his duties. It is unclear from your letter whether your appointment as special assistant state's attorney is limited to the hearings before the county judge of Burke County referred to in your letter. Thus, I am uncertain as to whether your appointment covers this situation. I may only give

N.D.A.G. Letter to Swanson (Dec. 31, 1990) December 31, 1990 Mr. Howard D. Swanson Office of Grand Forks City Attorney P.O. Box 1950 Grand Forks, ND 58206-1950 Dear Mr. Swanson: Thank you for your November 21, 1990, letter regarding an application for abatement of property taxes that has been filed by the Grand Forks Elks Club for the 1988 and 1989 tax years. In this application for abatement, the Elks Club contends that its property is subject only to taxation for the cost of fire protection services. N.D.C.C. § 57-02-08(11). You have set out the following relevant facts in your lette

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-32 Date issued: December 31, 1990 Requested by: Wayne O. Solberg, City Attorney, Fargo, North Dakota - QUESTION PRESENTED - Whether field notes of the city assessor are public records and open to public inspection. - ATTORNEY GENERAL'S OPINION - It is my opinion that the field notes of a city assessor are public records and must be open to public inspection. - ANALYSIS - "Except as otherwise specifically provided b

N.D.A.G. Letter to Clapp (Dec. 28, 1990) December 28, 1990 Ms. Sonja Clapp Assistant State's Attorney Grand Forks County Courthouse P.O. Box 607 Grand Forks, ND 58206-0607 FAX 701-224-2226 Dear Clapp: Thank you for your December 6, 1990, letter regarding N.D.C.C. § 14-09-08.2. You ask if the state's attorney's office has any duties or obligations with regard to this section. You enclose with your inquiry a copy of an "Affidavit of Custodial Parent and Order," which you indicate is provided by the office of the clerk of district court for the convenience of a custodial parent. N.D.C.C

N.D.A.G. Letter to Rohrich (Dec. 20, 1990) December 20, 1990 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your November 16, 1990, letter, wherein you inquire whether a purchaser of land from the State of North Dakota, acting through the Commissioner of University and School Lands, is subject to the payment of taxes on the land which became delinquent prior to foreclosure by the Bank of North Dakota. Your letter states that the mortgage in question was foreclosed on real estate which was owned by Gary S. Gefroh, Route 1,

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-31 Date issued: December 14, 1990 Requested by: Richard J. Backes, Director North Dakota Department of Transportation - QUESTION PRESENTED - Whether a city is required to vacate the streets comprising the intersection to construct a grade separation and eliminate traffic turning movements at the junction of two city streets. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city is not required to vacate the streets comprising the intersection when there is construction of a grade separation and elimination of t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-30 Date issued: December 11, 1990 Requested by: Tom P. Slorby Ward County State's Attorney - QUESTIONS PRESENTED - I. Whether an unsatisfied money judgment for liability for child support obtained under N.D.C.C. ' 14-08.1-01 may be enforced by an income withholding order. II. Whether the immediate income withholding procedures or the income withholding procedures attendant upon delinquent child support payments should be appli

N.D.A.G. Letter to Howard (Nov. 2 9, 1990) November 29, 1990 Representative John M. Howard District 14 295 First Street N Carrington, ND 58421 Dear Representative Howard: Thank you for your November 14, 1990, letter requesting my opinion concerning an exchange of property between two residents in different school districts. Proceedings for an exchange of property conducted under North Dakota Century Code § 15-27.2-02 must comply with the other provisions of N.D.C.C. ch. 15-27.2 unless a different requirement applies under N.D.C.C. § 15-27.2-02. N.D.C.C. § 15-27.2-01 provides that u

N.D.A.G. Letter to Slorby (Nov. 28, 1990) November 28, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your October 25, 1990 letter requesting my opinion concerning the authority of state agencies and the Governor to declare a moratorium on the disposal of solid waste. For the reasons stated below, it is my opinion that the Governor may issue a moratorium if an emergency is declared under N.D.C.C. ch. 37-17.1, the North Dakota Disaster Act of 1985. However, no state agency, including the Department of Health and

N.D.A.G. Letter to Ring (Nov. 28, 1990) November 28, 1990 Honorable Jennifer Ring District 42 Representative 2421 University Avenue Grand Forks, ND 58201 Dear Representative Ring: Thank you for your November 2, 1990, letter requesting an opinion regarding the applicability of North Dakota's open meetings law to the Judicial Branch of the University of North Dakota (hereafter UND) Student Senate. You also ask whether the president of UND has the authority to determine whether the Honors program is a major academic division of UND for purposes of determ

N.D.A.G. Letter to Ring (Nov. 28, 1990) November 28, 1990 Honorable Jennifer Ring District 42 Representative 2421 University Avenue Grand Forks, ND 58201 Dear Representative Ring: Thank you for your November 2, 1990, letter requesting an opinion regarding the applicability of North Dakota's open meetings law to the Judicial Branch of the University of North Dakota (hereafter UND) Student Senate. You also ask whether the president of UND has the authority to determine whether the Honors program is a major academic division of UND for purposes of determ

N.D.A.G. Letter to Slorby (Nov. 19, 1990) November 19, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your October 25, 1990, letter concerning the seal of Ward County and its resemblance to the Great Seal of the State of North Dakota. N.D.C.C. § 11-11-09 states that the board of county commissioners shall design a county seal "with such emblems and devices as it may think proper." There is nothing in this statute addressing the resemblance of a county seal to the state's Great Seal. N.D.C.C. § 54-02-01 discusse

N.D.A.G. Letter to Sanstead (Nov. 19, 1990) November 19, 1990 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your October 8, 1990, letter concerning the responsibility of a school board to make arrangements for the education of a student expelled from that board's school system under N.D.C.C. § 15-29-08(13), and whether those responsibilities are different if the student is not between the ages in the compulsory attendance law. The North Dakota Constitution provides that

N.D.A.G. Letter to Hanson (Nov. 19, 1990) November 19, 1990 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your August 27, 1990, letter concerning the authority of the State Treasurer to (1) order North Dakota licensed beer and liquor wholesalers to stop selling alcoholic beverages to any retail outlet when that outlet is in violation of law or rules of the state or federal government, and (2) suspend or revoke a North Dakota licensed wholesalers license for selling to such an outlet after being order

N.D.A.G. Letter to Rolfson (Nov. 16, 1990) November 16, 1990 Mr. Calvin N. Rolfson Special Assistant Attorney General North Dakota Board of Nursing P.O. Box 2196 Bismarck, ND 58502-2196 Dear Mr. Rolfson: Thank you for your August 7, 1990, letter in which you request my opinion on the question of whether the Board of Nursing (hereafter the Board) currently has the authority to promulgate administrative rules authorizing limited autonomous prescription practices for certain registered nurse licensees of the Board. The Board administers and enforces statutes concerning the practice of nu

N.D.A.G. Letter to Manbeck (Nov. 13, 1990) November 13, 1990 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your October 19, 1990, letter, in which you inquired: 1) whether N.D.C.C. § 61-21-43.1 applies to assessment drains only or to all drains; 2) whether allowing a drain to silt in to the point of totally obstructing the drain over a period of years constitutes a negligent act or omission of a landowner or the landowner's tenant; and 3) whether any person or entity, other than the landowner, has standing to question

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-29 Date issued: November 13, 1990 Requested by: R. Jon Fitzner Valley City City Attorney - QUESTIONS PRESENTED - I. Whether a park district may adopt an ordinance pertaining to the use or possession of alcoholic beverages which may be contrary to a municipal ordinance on the same subject matter. II. Whether a municipality may adopt an ordinance prohibiting the use of alcoholic beverages in parks owned by a park dis

N.D.A.G. Letter to Neumann (Nov. 8, 1990) November 8, 1990 Mr. Dennis Neumann, Director Centennial Trees Program North Dakota Centennial Commission State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Neumann: Thank you for your October 19, 1990, letter requesting my opinion on the proper deposit of the centennial tree program trust fund, and whether interest earned on that fund inures to the benefit of the state general fund or to the trust fund itself. The special fund known as the centennial tree program trust fund was created by the Legislative Assembly in 1989.

N.D.A.G. Letter to Collins (Nov. 8, 1990) November 8, 1990 Mr. Sparb Collins Executive Director Public Employees Retirement System 400 East Broadway, Suite 505 P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your May 21, 1990, letter in which you request my opinion as to state and federal law with respect to credit for time spent in the military service under the Public Employees Retirement System (PERS). Specifically, you inquire whether the Public Employees Retirement System (hereafter PERS) is required to give credit to members for military service or allow for the

N.D.A.G. Letter to Thompson (Nov. 6, 1990) November 6, 1990 Rep. Kenneth N. Thompson District 39 P.O. Box 595 Beach, ND 58621 Dear Rep. Thompson: Thank you for your October 22, 1990, letter requesting clarification of apparently conflicting directives from the Teachers Fund for Retirement and the State Department of Public Instruction. In your letter you explain that the Teachers Fund for Retirement has required that all certified teachers working in the school district must contribute to the teacher's retirement fund, although they may not be technica

N.D.A.G. Letter to Sagsveen (Nov. 5, 1990) November 5, 1990 Murray G. Sagsveen COL, JAGC, NDARNG Staff Judge Advocate Office of the Adjutant General P.O. Box 5511 Bismarck, ND 58502-5511 Dear Colonel Sagsveen: Thank you for your October 22, 1990, letter concerning paid military leave for members of the North Dakota National Guard. Your request for an opinion raises two issues under the provisions of N.D.C.C. § 37-01-25 granting to public service employees certain leave advantages when ordered by appropriate authority to active noncivilian employment. You first ask

N.D.A.G. Letter to Engmann (Nov. 5, 1990) November 5, 1990 Mr. Scott Engmann Executive Director ND Retirement and Investment Office P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your May 8, 1990, letter. You ask whether a retired superintendent of schools employed by a third party that contracts with a school district for the superintendent's services is subject to having retirement benefits discontinued under North Dakota Century Code (N.D.C.C.) § 15-39.1-19.1. You advise that the North Dakota School Board's Association (hereafter NDSBA)

N.D.A.G. Letter to Rayl (Oct. 31, 1990) October 31, 1990 Mr. R.L. Rayl Director Office of Management and Budget State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your September 6, 1990, letter concerning the appropriation from the State Aid Distribution Fund (hereafter Fund). You ask whether 1989 N.D. Sess. Laws ch. 3, § 13 reduced the original appropriation authority of $54,208,300 from the Fund. You also ask the amount the State Treasurer can distribute from the Fund - $54,208,300 or $52,058,300. You further ask whether the balance

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-28 Date issued: October 26, 1990 Requested by: Senator Adam Krauter District 35 - QUESTION PRESENTED - Whether upon restoration of spending authority the Superintendent of Public Instruction must make foundation aid payments under N.D.C.C. ch. 15-40.1 on a pro rata basis for both per-pupil aid and transportation aid as calculated under the chapter. - ATTORNEY GENERAL'S OPINION - It is my opinion that upon restoration of

N.D.A.G. Letter to Renner (Oct. 24, 1990) October 24, 1990 Mr. Jerry Renner Kidder County State's Attorney P.O. Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your October 2, 1990, letter asking whether the board of county commissioners or the board of township supervisors has jurisdiction to cause the removal of a fence and rubbish on a section line pursuant to the authority of N.D.C.C. §§ 24-06-29 and 24-06-30. N.D.C.C. §§ 24-06-29 and 24-06-30 provide for a remedy in the event that an individual violates the provisions of N.D.C.C. § 24-06-28, which

N.D.A.G. Letter to Knell (Oct. 23, 1990) October 23, 1990 Honorable Gary Knell District 33 Box 233 Hazen, ND 58545 Dear Representative Knell: Thank you for your recent letter requesting an opinion concerning N.D.C.C. § 16.1-12-03. Specifically, you inquire whether a person may seek nomination to more than one office at the same election. A member of my staff informs me that your concern is with a person running for the office of state's attorney as well as for the office of a member of the legislative assembly from a multi-county legislative district at the same election. In 1986, I is

N.D.A.G. Letter to Hoy (Oct. 23, 1990) October 23, 1990 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your April 12, 1990, letter requesting an opinion concerning a nonprofit corporation employing physicians and surgeons providing medical care within North Dakota. Your first question is whether North Dakota prohibits a nonprofit corporation from employing physicians and surgeons to provide medical care in North Dakota. You ask this question in light of N.D.C.C. § 43-17-34 which provides for a class B misde

N.D.A.G. Letter to Freed (Oct. 23, 1990) October 23, 1990 Mr. Robert A. Freed Stutsman County Assistant State's Attorney 511 2nd Avenue S.E. Jamestown, ND 58401 Dear Mr. Freed: Thank you for your October 1, 1990, letter concerning problems you have discovered in the incorporation of the city of Spiritwood Lake. According to your letter, the 1974 incorporation of the city of Spiritwood Lake is defective in several respects and is not in full compliance with statutory requirements. You ask for assistance and advice on how to proceed in resolving these compliance problems. Your letter in

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-27 Date issued: October 23, 1990 Requested by: Senator Jerry Meyer - QUESTION PRESENTED - Whether a teacher contribution to the Teachers' Fund for Retirement which is paid by the employer is part of salary for purposes of calculating the teacher's and the employer's statutory contribution to the Fund under N.D.C.C. ' 15-39.1-09. - ATTORNEY GENERAL'S OPINION - It is my opinion that a teacher contribution to the Tea

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-26 Date issued: October 23, 1990 Requested by: Sarah M. Vogel Commissioner of Agriculture - QUESTIONS PRESENTED - I. Whether the Commissioner of Agriculture has supervisory authority over the dairy commissioner. II. Whether the Commissioner of Agriculture may remove the dairy commissioner and, if so, whether cause is required. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that the Commissioner of Agriculture has supervisory