North Dakota Attorney General Opinions

Office of the Attorney General State of North Dakota Opinion No. 86-29 Date Issued: October 9, 1986 Requested by: Tom P. Slorby Ward County State's Attorney --QUESTION PRESENTED-- Whether a district board of health possesses exclusive authority in establishing the salaries of its employees where such salaries are within the limitations of the district's budget as approved by the board of county commissioners. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a district board of health possesses exclusive authority in esta

N.D.A.G. Letter to Graham (Oct. 9, 1986) October 9, 1986 Mr. John A. Graham Executive Director North Dakota Department of Human Services State Capitol Bismarck, ND 58505 Dear Mr. Graham: Thank you for your letter of August 19, 1986, in which you ask whether a group home owned by a nonprofit organization and leased to another nonprofit organization is eligible for an exemption from property taxation under N.D.C.C. §57-02-08(31). N.D.C.C. §57-02-08(31) provides, in part, as follows: 57-02-08. PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein lim

N.D.A.G. Letter to Meier (Oct. 8, 1986) October 8, 1986 The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 18, 1986, regarding whether a domestic business corporation may be merged into a domestic professional corporation. Business and professional corporations are governed by the provisions of N.D.C.C. Chs. 10-19.1 and 10-31, respectively. These provisions of law provide, in pertinent part, as follows: 10-19.1-96. MERGER -- EXCHANGE -- TRANSFER. 1. Any two or more corporations may merge , resulti

N.D.A.G. Letter to Hagerty (Oct. 8, 1986) October 8, 1986 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter of September 5, 1986, in which you ask for my interpretation of the Retail Installment Sales Act as it relates to a stated set of facts. The plan as described in the accompanying letter from Marilyn Foss provides that a closely held corporation will finance the purchase of property and casualty insurance policies by business and commercial entities in North

N.D.A.G. Letter to Satrom (Oct. 2, 1986) October 2, 1986 Ms. Katherine Satrom Chairman Workmen's Compensation Bureau Russel Building 4007 North State Street Bismarck, ND 58501 Dear Ms. Satrom: Thank you for your letter of August 28, 1986, and the supplemental memorandum of September 2, 1986, concerning securities lending by Northern Trust of Chicago, the custodian of the Workmen's Compensation Bureau's assets. Specifically, you inquired whether Section 3 of the proposed agreement between the State Investment Board and Northern Trust is lawful. Section 3 of the proposed agreement indi

N.D.A.G. Letter to Wild (Oct. 1, 1986) October 1, 1986 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of September 16, 1986, inquiring as to whether a nonresident attorney may be appointed by the county commission to fill a vacancy in the state's attorney's office or must the appointment come from the Attorney General's office. In 1981 N.D. Op. Att'y Gen. 17 (Attorney General's Opinion 81-7), this office concluded that a board of county commissioners may not appoint an attorney who is not a qualified elector of

N.D.A.G. Letter to Solberg (Oct. 1, 1986) October 1, 1986 Mr. Wayne O. Solberg Office of City Attorney P.O. Box 1897 Fargo, ND 58109 Dear Mr. Solberg: Thank you for your letter of September 17, 1986, requesting an opinion concerning the removal of appointive officers in cities operating under the commission system of government. Your first question pertains to the method by which charges are to be filed against any officer of a commission city. Although your question does not specifically inquire as to who may file such charges, the conversation between you and a

N.D.A.G. Letter to Meier (Sep. 26, 1986) September 26, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 4, 1986, regarding whether charitable organizations which sell food products to raise funds are exempted from the Charitable Organization's Soliciting Contributions Act of N.D.C.C. Ch. 50-22. The pertinent provisions of N.D.C.C. Ch. 50-22 are as follows: 50-22-01. DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Charitable organization"

N.D.A.G. Letter to McIntee (Sep. 26, 1986) September 26, 1986 Mr. Michael S. McIntee McHenry County State's Attorney McHenry County Courthouse P.O. Box 246 Towner, ND 58788 Dear Mr. McIntee: Thank you for your letter of September 3, 1986, concerning the recording of a UCC Financing Statement by a local power company in your county. Your question is whether N.D.C.C. §41-09-42(7) allows a register of deeds to both file and record a financing statement for one fee. In my opinion, N.D.C.C. §41-09-42(7) does not allow a register of deeds to both file and record a financing statement for on

N.D.A.G. Letter to Johnson (Sep. 26, 1986) September 26, 1986 Mr. Dennis Edward Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter dated August 12, 1986. You have inquired as to whether or not a court can properly assess post-conviction incarceration expenses as costs in a criminal case pursuant to N.D.C.C. § 11-15-07. That section provides for various fees which may be charged by the sheriff, including prisoner meals. N.D.C.C. § 12.1-32-02(1)(a) authorizes a court to assess, as part of a sentence, the reasonable

N.D.A.G. Letter to Hope (Sep. 25, 1986) September 25, 1986 Mr. James Hope Assistant State's Attorney Stark County State's Attorney's Office P.O. Box 130 Dickinson, ND 58601 Dear Mr. Hope: Thank you for your letter of September 18, 1986, requesting our assistance in determining the appropriate fee for filing a satisfaction of two previously separately recorded mortgages. North Dakota law, as found at N.D.C.C. §11-18-05, provides for the determination of fees charged by the register of deeds. That statute, in relevant part, states as follows: 11-18-05. FEES OF REG

N.D.A.G. Letter to Hope (Sep. 25, 1986) September 25, 1986 Mr. James Hope Assistant State's Attorney Stark County State's Attorney's Office P.O. Box 130 Dickinson, ND 58601 Dear Mr. Hope: Thank you for your letter of September 18, 1986, requesting our assistance in determining the appropriate fee for filing a satisfaction of two previously separately recorded mortgages. North Dakota law, as found at N.D.C.C. §11-18-05, provides for the determination of fees charged by the register of deeds. That statute, in relevant part, states as follows: 11-18-05. FEES OF REG

N.D.A.G. Letter to Winkelman (Sep. 24, 1986) September 24, 1986 Honorable Brent Winkelman House of Representatives 633 North 35 Street Bismarck, ND 58501 Dear Mr. Winkelman: Thank you for your letter of August 29, 1986, providing me with your observations regarding the Game and Fish Habitat Restoration Stamp program. You also asked two questions concerning funds received from the sale of habitat stamps. Your first question is whether the revenue received from the sale of print and collectible stamps must be placed in the habitat restoration fund provided for in

N.D.A.G. Letter to Tollefson (Sep. 24, 1986) September 24, 1986 Mr. Douglas Tollefson Director Noxious Weed Division Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Tollefson: Thank you for your letter of September 15, 1986, concerning county commissioner authority in noxious weed control. N.D.C.C. §11-11-14 specifies the powers of the board of county commissioners. N.D.C.C. §11-11-14(2) gives the board of county commissioners the authority to make all orders respecting property of the county. However, N.D.C.C. Ch. 63-01.1 is the particular st

N.D.A.G. Letter to Maixner (Sep. 24, 1986) September 24, 1986 Honorable Rick Maixner North Dakota State Senator District 39 Route 3, Box 81 New England, ND 58647 Dear Senator Maixner: Thank you for your letter requesting my opinion on certain issues with regard to Measure No. 1, passed by the voters of North Dakota on June 10, 1986. First, I want to apologize for the delay in responding to your inquiry. The reason for the delay was that many of the questions you posed concern matters which I believe can only be addressed by officials with the office of Surface Mini

N.D.A.G. Letter to Elkin (Sep. 24, 1986) September 24, 1986 Ms. Janet A. Elkin Secretary Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Elkin: Thank you for your letter of September 3, 1986, inquiring on behalf of the Public Service Commission whether a conditional sales agreement as proposed by Burlington Northern Railroad for the disposition of its Mott branch line complies with N.D.C.C. § 49-09-04.1. Your letter also inquires as to what must occur for compliance should the proposed conditional sales agreement not be in compliance with existing state law. North

Office of the Attorney General State of North Dakota Opinion No. 86-27 Date Issued: September 24, 1986 Requested by: John Graham Executive Director Department of Human Services --QUESTION PRESENTED-- Whether N.D.C.C. Ch. 50-25.1 gives the state the authority to pursue legal remedies, including the initiation of court proceedings, necessary to prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions. --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. Ch. 50-25.1

N.D.A.G. Letter to Enget (Sep. 23, 1986) September 23, 1986 Mr. Wade Enget Tioga City Attorney P. O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of September 3, 1986, concerning actions taken by the cities of Ray and Tioga, forming a corporation for the purpose of distributing water for use in both cities. According to your letter, the formation of the corporation and the apparent purchase of water by the cities from this corporation has occurred pursuant to N.D.C.C. § 40-33-16. This particular statute authorizes cities, whose water supply is unsuitable or inade

N.D.A.G. Letter to Bard (Sep. 23, 1986) September 23, 1986 Mr. Dean F. Bard Special Assistant Attorney General North Dakota Real Estate Commission 1101 East Interstate Avenue, #2 Bismarck, ND 58501 Dear Mr. Bard: We are responding to your request for an opinion of the Attorney General regarding the extent of jurisdiction that the North Dakota Real Estate Commission may exert over companies operating in North Dakota that engage in the business of real property management. As you observed in your correspondence of May 17, 1986, there are a number of firms that show real property belongin

N.D.A.G. Letter to Winkelman (Sep. 19, 1986) September 19, 1986 Honorable Brent Winkelman State Representative 633 N. 35th St. Bismarck, North Dakota 58501 Dear Representative Winkelman: Thank you for your letter of August 14, 1986, in which you request a clarification of a 1979 Attorney General's opinion. The 1979 opinion discussed those persons exempted from the massage registration. Specifically, the 1979 opinion concluded that persons who administer massages at the direction of a nurse may do so without obtaining the appropriate license. This conclusion was the result of th

N.D.A.G. Letter to Sagsveen (Sep. 19, 1986) September 19, 1986 Mr. Murray G. Sagsveen LTC, JAGC, NDARNG Staff Judge Advocate Office of the Adjutant General P. O. Box 5511 Bismarck, ND 58502-5511 Dear Ltc. Sagsveen: Thank you for your letter of September 2, 1986, requesting my review of an application from the Adjutant General to the Board of University and School Lands concerning par- ticular lands described within that application. I have reviewed the information and statements contained within the application and I do hereby state it is my opinion that the Adjutant General does posse

Office of the Attorney General State of North Dakota Opinion No. 86-26 Date Issued: September 19, 1986 Requested by: Owen K. Mehrer Stark County State's Attorney --QUESTIONS PRESENTED-- I. Whether court-appointed defense counsel fees or expenses are 'costs of prosecution' pursuant to N.D.C.C. § 29-26-22. II. Whether an affidavit of identification, as required in N.D.C.C. § 28-20-15, is applicable to a judgment entered pursuant to N.D.C.C. § 29-26-22. III. Whether it is the responsibility of either the judgment creditor or debtor to satisfy, or

Office of the Attorney General State of North Dakota Opinion No. 86-25 Date Issued: September 18, 1986 Requested by: Honorable Wayne K. Stenehjem State Senator --QUESTION PRESENTED-- Whether N.D.C.C. § 54-12-01(18) authorizes the Attorney General to appoint a hearing officer in appeals to the Department of Human Services by claimants aggrieved by decisions of a county social service board. --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. § 54-12-01(17) does not authorize the Attorney General to appoint a hearing

N.D.A.G. Letter to Orvik (Sep. 11, 1986) September 11, 1986 Mr. Charles D. Orvik Pierce County State's Attorney P.O. Box 196 Rugby, ND 58368 Dear Mr. Orville: Thank you for your letter of August 14, 1986, concerning township authority to close a section line road which is open and has been improved. I am responding to you via this letter instead of an opinion, because it appears that prior opinions of this office have dealt with the subject of your question. Section lines outside the limits of incorporated cities, unless closed by statutory proceedings, are open a

N.D.A.G. Letter to Tebelius (Sep. 10, 1986) September 10, 1986 Mr. Mark A. Tebelius 1012 Lincoln Avenue Harvey, ND 58341-1595 Dear Mr. Tebelius: Thank you very much for your letter of July 25, 1986, concerning the city's authority to prohibit eligible organizations from conducting games of chance within the city limits. I apologize for the delay in answering your letter. Nowhere in the Century Code is a city granted the authority to prohibit an eligible organization from gaming once the city has determined it will allow gaming. However, the city has been granted the authority to restric

N.D.A.G. Letter to Enget (Sep. 10, 1986) September 10, 1986 Mr. Wade G. Enget Tioga City Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of September 2, 1986, inquiring as to the rights of the city of Tioga to set water user or hookup fees. My review of the applicable statutes of the North Dakota Century Code indicates that a city clearly has the authority to assess a user charge or fee for the use of water. N.D.C.C. § 40-05-01(36) provides the city may fix and regulate the rates, use, and sale of water. Furthermore, N.D.C.C. § 40-22-16 authorizes the

N.D.A.G. Letter to Larson (Sep. 8, 1986) September 8, 1986 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your letter of August 7, 1986, wherein you made an inquiry as to what entity has the responsibility for maintaining a culvert located on railroad right-of-way and passing under a township road. North Dakota Century Code § 49-11-04 requires that when a railroad is constructed over a street or highway, the street or highway must be restored to its former state or such condition that does not materially impair its us

N.D.A.G. Letter to Sanstead (Aug. 29, 1986) August 29, 1986 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Superintendent Sanstead: Thank you for your letter of August 14, 1986, posing three questions concerning school districts and liability insurance. Your first question is whether a school district which has purchased liability insurance containing those maximum coverage amounts provided for in N.D.C.C. § 32-12.1-03(2) has accomplished maximum liability protection. We are unable to unequivocally state that possession of l

N.D.A.G. Letter to Nething (Aug. 18, 1986) August 28, 1986 Mr. David E. Nething Office of City Attorney P.O. Box 1059 Jamestown, ND 58402 Dear Dave: Thank you for your letter of August 18, 1986, requesting our response to three questions which have occurred with respect to the proposed demolition of the armory building in Jamestown. Your first question is whether a city council may consider a matter not on their agenda without suspending their rules of procedure. Nowhere in the North Dakota Century Code are there any statutes providing for the method by which meetings of a city council

N.D.A.G. Letter to Myers (Aug. 28, 1986) August 28, 1986 Mr. Earle R. Myers Richland County State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your June 16, 1986, inquiry wherein two issues were presented: 1. Whether a county continues to be responsible for a bridge built pursuant to N.D.C.C. §24-08-01 where said bridge has been replaced by the county with a culvert or Texas crossing. 2. Whether a township has a duty to maintain and replace access crossings and culverts which were installed by the township to provide ab

N.D.A.G. Letter to Hagerty (Aug. 21, 1986) August 21, 1986 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter of August 8, 1986, inquiring as to whether a sheriff is entitled to receive a commission pursuant to N.D.C.C. §11-15-08 when he serves a garnishee summons. N.D.C.C. §11-15-08 does allow a sheriff to collect commissions on all moneys received and disbursed by him "on an execution, order of sale, order of attachment, or decree for the sale of real or personal property.

N.D.A.G. Letter to Myers (Aug. 20, 1986) August 20, 1986 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center Wahpeton, North Dakota 58075 Dear Mr. Myers: Thank you for your letter of July 28, 1986, in which you ask whether the county treasurer may invest the moneys in a school district's Sinking Fund and Special Reserve Fund in a credit union when directed to do so by the school district. N.D.C.C. § 21-03-40 provides that the county treasurer shall be the custodian of the Sinking Fund for the payment of bonds issued by a school district unless the school dis

N.D.A.G. Letter to Larson (Aug. 20, 1986) August 20, 1986 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your letter of August 8, 1986, concerning the manner in which territory may be withdrawn from a fire protection district. N.D.C.C. §18-10-12.1 provides the procedure that must be followed in having territory withdrawn from a fire protection district. N.D.C.C. §18-10-12.1(4) states that the initiation of a withdrawal occurs by a petition filed with the appropriate county auditor or auditors signed by the fee title h

N.D.A.G. Letter to Meier (Aug. 19, 1986) August 19, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58501 Dear Secretary Meier: Thank you for your letter of July 17, 1986, regarding whether filing fees for annual reports of business corporations may be retained even though the annual reports are not filed. N.D.C.C. Ch. 10-23 governs the filing of domestic and foreign business corporation annual reports and provides, in pertinent part, as follows: 10-23-02. FILING OF ANNUAL REPORT OF DOMESTIC CORPORATION -- PENALTY FOR LATE FILING. . . . If the secret

N.D.A.G. Letter to Marion (Aug. 19,1 986) August 19, 1986 Mr. James L. Marion North Dakota Parole and Pardon Board P.O. Box 5521 Bismarck, ND 58502 Dear Mr. Marion: Thank you for your letter dated July 8, 1986. You have inquired as to whether the longest period of time an inmate can be delayed for parole consideration is three years, the term of appointment of individual Parole Board members. This question has arisen as the result of a Parole Board decision to delay parole consideration for an inmate for a period of ten years. North Dakota state law requires that an inma

N.D.A.G. Letter to Seaworth (Aug. 18, 1986) August 18, 1986 Mr. Hugh P. Seaworth Bismarck City Attorney 221 North Fifth Street P.O. Box 5503 Bismarck, ND 58502 RE: City/County Contracting of Police Powers Dear Mr. Seaworth: Thank you for your letter dated July 17, 1986. You have advised this office that a formal opinion would not be necessary to respond to the questions presented in your letter to me. You have inquired as to whether or not the adoption of N.D. Const. Art. VII, § 8, now authorizes the delegation of duties of a sheriff to a city's chief of police pursuant to a joint

N.D.A.G. Letter to Hanson (Aug. 18, 1986) August 18, 1986 Honorable Robert E. Hanson State Treasurer Office of the Treasurer State Capitol Bismarck, North Dakota 58505 Dear Mr. Hanson: Thank you for your letter of June 4, 1986, in which you inquired as to the legality of price promotion programs offered by brewers to North Dakota wholesalers. You specifically asked whether such a program constitutes "price fixing" in violation of N.D.C.C. § 5-04-09. I apologize for the delay in responding to your letter. The promotional program entitles the wholesaler to receive a discount from the br

Office of the Attorney General State of North Dakota Opinion No. 86-24 Date Issued: August 18, 1986 Requested by: Robert E. Hanson State Treasurer --QUESTION PRESENTED-- Whether the State Treasurer must distribute money from the coal development fund within fifteen days from the date the money is received from the State Tax Commissioner. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the State Treasurer must distribute money from the coal development fund within fifteen days from the date the money is rec

N.D.A.G. Letter to Wilhelm (Aug. 11, 1986) August 11, 1986 Mr. Timothy C. Wilhelm Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Wilhelm: Thank you for your letter of May 30, 1986, concerning special permits for the sale of alcoholic beverages. In your letter you asked two different questions. Your first question states: 1. May a local governing body (the Ward County Commissioners) issue, pursuant to N.D.C.C. §5-02-01.1, three consecutive special permits to a licensee, each authorizing three consecutive days of alcoholic beverage sale at

N.D.A.G. Letter to Herr (Aug. 7, 1986) August 7, 1986 Mr. Richard E. Herr City Attorney P.O. Box 67 Wishek, ND 58495 Dear Mr. Herr: Thank you for your letter dated July 9, 1986, in which you requested information concerning private wedding receptions where alcoholic beverages would be served and minors would be present. In your letter you state, "A tavern licensed by the city of Wishek has two large rooms. It has inquired of the city-council of the city of Wishek whether it may rent one room out for wedding receptions to private parties. The only persons permitted in the one room would

N.D.A.G. Letter to Renner (Aug. 6, 1986) August 6, 1986 Mr. Jerome L. Renner Kidder County State's Attorney P. O. Box 229 Steele, North Dakota 58482 Dear Mr. Renner: Thank you for your inquiry of May 7, 1986, relative to the repair and maintenance of former U.S. Highway 10 as it crosses Kidder County and the potential liability arising from the non-maintenance of the same highway. I regret the delay in responding to your inquiry; however, the Highway Department was experiencing a delay in locating the documents pertinent to your question. I have enclosed copies of these documents for yo

N.D.A.G. Letter to Hickman (Aug. 6, 1986) August 6, 1986 Ms. Linda L. Hickman Assistant State's Attorney Williams County P.O. Box 1246 Williston, ND 58802-1246 Dear Ms. Hickman: Thank you for your letter of July 2, 1986, in which you pose certain questions with regard to the recording of instruments by the Williams County Register of Deeds. You advise that the questions have arisen as a result of the wanderings of the Missouri River which forms the southern boundary of Williams County. Your question concerns whether the county register of deeds has the authority to change the tract ind

N.D.A.G. Letter to Parker (Aug. 5, 1986) August 5, 1986 Honorable William C. Parker State Senator 216 12th Street SW Rugby, ND 58368 Dear Senator Parker: Thank you for your letter of July 9, 1986, which we received on July 23, 1986, concerning the authority of a city to operate a garbage collection service in neighboring communities. In North Dakota, the question concerning the city's ability to collect and dispose of garbage has been addressed by our supreme court. In 1953, in Tayloe v. City of Wahpeton , 62 N.W.2d 31 (N.D. 1953), the supreme court indicated that, under the police

N.D.A.G. Letter to Johnson (Aug. 4, 1986) August 4, 1986 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of July 18, 1986, concerning operation of motor vehicles by persons 14 and 15 years old under N.D.C.C. § 39-06-17(3). As you had suggested in your letter, this subject has been raised and dealt with by this office in a previous letter to the state highway patrol superintendent. A copy of a May 5, 1983, letter to the highway patrol superintendent, which deals with your inquiry in question no. 6, i

N.D.A.G. Letter to Meier (July 31, 1986) July 31, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of June 30, 1986, inquiring as to whether the sale of insurance may be accomplished through a professional corporation. While a corporation is considered a person for many purposes, it is recognized that a business corporation cannot be licensed to practice a learned profession which can only be practiced by persons who have received a license to do so after an examination as to their knowledge of the subject. As

Date Issued: July 31, 1986 (AGO 86-23) Requested by: Honorable Layton W. Freborg State Senator, District 8 - QUESTION PRESENTED - Whether a person, as a result of an election nomination process, may cause his or her name to appear on the same election ballot as a candidate for more than one office. - ATTORNEY GENERAL'S OPINION - It is my opinion that a person, as a result of an election nomination process, may not cause his or her name to appear on

N.D.A.G. Letter to Tomac (July 30, 1986) July 30, 1986 Mr. Steven W. Tomac Chairman Credit Review Board State Capitol State Capitol Bismarck, ND 58505 Dear Mr. Tomac: This letter is in response to a request from the Credit Review Board's Administrative Assistant, Jet Collins, concerning the use of moneys in the Home-Quarter Purchase Fund to pay for administrative expenses of the Credit Review Board. In an opinion letter to Steve W. Tomac, Chairman, Credit Review Board, dated August 5, 1985, I concluded that the Credit Review Board has the authority to use interest moneys from the Home