North Dakota Attorney General Opinions

N.D.A.G. Letter to Gregg (April 22, 1985) April 22, 1985 Mr. John R. Gregg Bottineau County State's Attorney P.O. Box 26 Bottineau, North Dakota 58318 Dear Mr. Gregg: Thank you for your letter of January 31, 1985, asking whether the Bottineau County State's Attorney must represent the Bottineau County Weed Board. Please accept my apology for the delay in responding. In your letter, you referred to an opinion letter issued by the Attorney General on May 9, 1984. Inasmuch as this letter differs with the opinion stated in the May 9, 1984, letter, the May 9 letter is superseded by this let

N.D.A.G. Letter to Eiken (April 19, 1985) April 19, 1985 Mr. Doug Eiken, Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, North Dakota 58501 Re: Nature Preserves at Cross Ranch in Oliver County -- Cooperation with the Nature Conservancy Dear Mr. Eiken: Thank you for your letter of March 12, 1985, relating to questions about conservation easement and articles of dedication for the Cross Ranch Nature Preserve. Pursuant to the provisions of N.D.C.C. § 55-11-05, the Nature Conservancy is granting a conservation ea

N.D.A.G. Letter to Hagerty (April 15, 1985) April 15, 1985 Ms. Gail H. Hagerty Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: By copy of a letter you sent to Clerk of the District Court Marian Barbie on March 20, 1985, you have requested an opinion from this office as to whether records and papers on file with the clerk of the district court concerning an individual who has pled guilty to a criminal offense and who has received probation, but has not yet had the opportunity to withdraw his plea of guilty resulting in the setting as

N.D.A.G. Letter to Slorby (April 11, 1985) April 11, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of March 18, 1985, requesting an opinion on two questions concerning the authority of a public fire district to subsidize a private ambulance service and to charge fees for ambulance services. As to your first question concerning the authority of a public fire district to subsidize a private non-profit ambulance service, we assume that "public fire district" refers to a fire district of a pol

N.D.A.G. Letter to Lashkowitz (April 11, 1985) April 11, 1985 Honorable Herschel Lashkowitz State Senator District 21 P. O. Box 2621 Fargo, North Dakota 58108 Dear Senator Lashkowitz: Thank you for your letter of January 21, 1985, which posed several questions regarding the statutory authority of a board of county commissioners in North Dakota. The first question was whether a board of county commissioners has the authority to accumulate unexpended general fund monies. N.D.C.C. §11-23-09 provides in part: 11-23-09. EXPENDITURES--BILLS APPROVED--UNEXPENDED BALANCES. . . .At

N.D.A.G. Letter to Hagerty (April 11, 1985) April 11, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of March 22, 1985, concerning three questions you have received from the Sterling Rural Fire Protection District. I am in agreement with you as to the question concerning the number of signatures which must appear on fire department checks. There is no statutory requirement as to any minimum number of signatures which must appear on those checks. As to the

Office of the Attorney General State of North Dakota Opinion No. 85-12 Date Issued: April 11, 1985 Requested by: Robert W. Holte Mountrial County State's Attorney --QUESTION PRESENTED-- Whether real property owned in fee patent by an Indian tribe and located within the boundaries of the tribe's reservation is subject to county real property taxation. --ATTORNEY GENERAL'S OPINION-- It is my opinion that real property owned in fee patent by an Indian tribe and located within the boundaries of the tribe's reservation is not subject t

N.D.A.G. Letter to Meier (April 2, 1985) April 2, 1985 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of March 27, 1985, regarding the alleged failure of Thermo Tech, Inc., to obtain a contractors license. As you state in your letter, N.D.C.C. 43-07-02 prohibits contractors from engaging in any work in excess of $500 until they are licensed with your office. According to a March 25, 1985, article published in the Bismarck Tribune , Thermo Tech, Inc., a foreign corporation, allegedly engaged in contracting work a

N.D.A.G. Letter to Marion (April 1, 1985) April 2, 1985 Mr. James L. Marion Chief Parole Officer State of North Dakota Department of Parole and Probation P.O. Box 1497 Bismarck, North Dakota 58505 RE: Confiscated Weapons Dear Mr. Marion: Thank you for your letter of March 8, 1985, concerning the disposition of firearms which were confiscated by one of your probation officers and eventually forfeited to your agency by a district court judge. Apparently the reason for the initial seizure of the weapons was a violation of the probationer's probation. You also state in your letter or in

N.D.A.G. Letter to Schmiess (April 1, 1985) April 1, 1985 Mr. Al Schmiess DDS Administrative Assistant North Dakota State Board of Dental Examiners P.O. Box 1175 Jamestown, North Dakota 58401 Dear Dr. Schmiess: Thank you for your letter of January 23, 1985, requesting an Attorney General's opinion on the issue of when a dentist may charge interest on late payments made on a dental bill. N.D.C.C. § 13-01-14 was amended by the Legislature in 1983. A copy of this section is attached for your information. This amendment was subsequent to the district court ruling in 1982 which allowed ut

N.D.A.G. Letter to Mehrer (April 1, 1985) April 1, 1985 Mr. Owen K. Mehrer Stark County State's Attorney P. O. Box 130 Dickinson, North Dakota 58601 Dear Owen: Thank you for your letter of March 6, 1985, in which you asked whether a county commission may enter into a longterm contract with another governmental entity and also whether such a contract would obligate future boards of county commissioners. N.D.C.C. §11-11-16 provides as follows: 11-11-16. BOARD HAS POWER TO ERECT, REPAIR, AND MAINTAIN BUILDINGS FROM CURRENT REVENUE.--The board of county commissio

N.D.A.G. Letter to Slorby (March 29, 1985) March 29, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of March 7, 1985, which was received by our office on March 12, 1985. I agree with you that the term "electors" is not adequately defined for purposes of N.D.C.C. Ch. 18-10. I am in agreement with your derivative definition of this term. However, I would point out that H.B. 1059, which is awaiting the Governor's signature, removes the term "elector" as found in this chapter and elsewhere thro

N.D.A.G. Letter to Rolfson (March 29, 1985) March 29, 1985 Mr. Calvin N. Rolfson, Chairman North Dakota Deferred Compensation Committee State Capitol Bismarck, North Dakota 58505 Dear Mr. Rolfson: Thank you for your letter of February 25, 1985, in which you ask whether you, as Chairman, or other members of the North Dakota Deferred Compensation Committee have the authority to endorse deferred compensation checks distributed to participating public employees where the providers make such checks payable to the State of North Dakota or to the State of North Dakota and the participating pu

N.D.A.G. Letter to Renner (March 29, 1985) March 29, 1985 Mr. Jerry Renner Kidder County State's Attorney Kidder County Courthouse Steele, North Dakota 58482 Dear Mr. Renner: Thank you for your letter of February 19, 1985, concerning the ability of the chairman of a board of county commissioners to vote and to make motions or take other action as part of a meeting of the board. N.D.C.C. §11-11-08 provides that the members of the board of the county commissioners shall elect one of their own as chairman. This statute further indicates that chairman presides at the meeting of the board.

N.D.A.G. Letter to Hagerty (March 29, 1985) March 29, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of March 11, 1985, requesting clarification as to the open meetings law and its applicability to an individual of a public body who holds a meeting with other individuals. The North Dakota open meetings law is applicable to all meetings of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any

N.D.A.G. Letter to Graham (March 29, 1985) March 29, 1985 Mr. John A. Graham Executive Director North Dakota Department of Human Services State Capitol Bismarck, North Dakota 58505 Dear Mr. Graham: Thank you for your letter of March 14, 1985, inquiring as to the applicability of N.D.C.C. §25-16-14 to home rule cities. Of the various political subdivisions of the state of North Dakota, home rules cities enjoy special privileges not shared by the other political subdivisions. Specifically, home rules cities are able to include within their charters and ordinances authority to take actio

Date Issued: March 29, 1985 (AGO 85-11) Requested by: Dr. Wayne G. Sanstead, Superintendent, Department of Public Instruction - QUESTION PRESENTED - Whether a decision to expel a student made by the school board of a public school district, upon a recommendation from the district superintendent of schools, may be appealed to the county superintendent of schools pursuant to N.D.C.C. section 15-22-17. - ATTORNEY GENERAL'S OPINION - It is my opinion that a decision to

N.D.A.G. Letter to Meier (March 28, 1985) March 28, 1985 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter dated March 1, 1985, regarding N.D.C.C. 10-20-05. N.D.C.C. Ch. 10-20 governs the merger, consolidation, and sale of corporate assets. The merger of a subsidiary corporation as set forth in N.D.C.C. 10-20-05(5) provides as follows: 10-20-05. MERGER OF SUBSIDIARY CORPORATION. * * * 5. On and after the thirtieth day after the mailing of a copy of the plan of merger to shareholders of the subsidiary corporatio

N.D.A.G. Letter to Sperry (March 14, 1985) March 14, 1985 Mr. James E. Sperry Superintendent State Historical Society of North Dakota North Dakota Heritage Center Bismarck, ND 58505 Dear Mr. Sperry: Thank you for your letter of March 6, 1985 concerning the National Historical Preservation Act and your efforts to carry out this act within the State of North Dakota. I have reviewed the letter from Assistant Attorney General Terry L. Adkins dated July 13, 1984. I am in agreement with the discussion contained in that letter as to the ability of counties, cities, and home rule c

N.D.A.G. Letter to Sinner (March 14, 1985) MEMORANDUM TO: Governor George A. Sinner FROM: Attorney General Nicholas J. Spaeth RE: Governor’s Authority to Veto Legislation DATE: March 14, 1985 The governor’s constitutional authority to veto legislation is found in N.D. Const. Art. V, §§ 9 and 10. N.D. Const. Art. V, §9 provides the general authority of the governor to veto legislation and to return it to the legislature for further consideration. N.D. Const. Art. V, §10 provides the governor with the power to: [D]isapprove of any item or items, or part or parts

N.D.A.G. Letter to Bock (March 14, 1985) March 14, 1985 Mr. Rick Bock, Director Records Management Division Office of Management and Budget State Capitol Bismarck, ND 58505 Dear Mr. Bock: Thank you for your memo of March 7, 1985 concerning the open records law memorandum I sent to all state agencies on February 11, 1985. According to your memo, you take issue with the statements in my memorandum which indicates there is no statutory definition of "record" for purposes of the open records law. You indicate that the "record" is defined in N.D.C.C. § 54-46-02 as

Date Issued: March 11, 1985 (AGO 85-10) Requested by: Gail Hagerty, Burleigh County State's Attorney - QUESTION PRESENTED - Whether the exemptions under N.D.C.C. section 28-22-03.1 are exemptions available to nonbankrupt debtors. - ATTORNEY GENERAL'S OPINION - It is my opinion that the exemptions under N.D.C.C. section 28-22-03.1, are exemptions available to nonbankrupt debtors. - ANALYSIS - An exemption is a right given by law to a debtor to retain a portion of his p

Date Issued: March 8, 1985 (AGO 85-9) Requested by: Dr. Wayne G. Sanstead, Superintendent Department of Public Instruction - QUESTIONS PRESENTED - I. Whether the governor may remove a school board member from office pursuant to N.D.C.C. section 44-11-01. II. Whether a school board member shall be subject to recall by petition of electors in the school district pursuant to N.D. Constitution, Article III, Section 10. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that

N.D.A.G. Letter to Furuseth (March 6, 1985) March 6, 1985 Peter H. Furuseth Assistant City Attorney City of Williston P. O. Box 1306 Williston, ND 58801 Dear Mr. Furuseth: Thank you for your letter of February 26, 1985 concerning the State Plumbing Code and its requirements of a minimum of 20,000 square feet prior to the installation of a private disposal sanitation sewage system. Pursuant to the authority granted it by N.D.C.C. § 43-18-09, the State Plumbing Board has adopted administrative rules constituting the State Plumbing Code. This code is found in N.D.A.C. Art. 62-03. One o

N.D.A.G. Letter to Elhard (Feb. 28, 1985) February 28, 1985 Mr. Terry W. Elhard McIntosh County State's Attorney P. O. Box 248 Ashley, North Dakota 58413 Dear Mr. Elhard: Thank you for your letter of February 14, 1985, regarding a possible conflict of interest in which an individual serves as both a county commissioner and a board member and trea- surer of a local Farmers Union Oil Company which transacts business with the county. In discussing this issue, a statutory law and the common law of North Dakota must be addressed. An examination of the Century Code reveals no specific prohib

N.D.A.G. Letter to Slorby (Feb. 2 7, 1985) February 27, 1985 Tom Slorby State's Attorney County of Ward Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter dated February 20, 1985 in regard to N.D.C.C. 24-05-04. You indicated in your letter that Ward County wishes to purchase road machinery for $35,000.00. You indicated that the County would be trading in other road machinery and would receive $25,000.00 trade in value thus paying $10,000.00 cash for the purchase of this particular road machinery. This office agrees with your opinion that N.D.C.C. 24-05-04 requires that such

N.D.A.G. Letter to Hagerty (Feb. 27, 1985) February 27, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of February 12, 1985, concerning the application of N.D.C.C. 25-13-02. That section states as follows: 25-13-02. BLIND OR PHYSICALLY HANDICAPPED PERSON ACCOMPANIED BY GUIDE OR SERVICE DOG TO BE ADMITTED TO PUBLIC PLACES. Every totally or partially blind person shall have the right to be accompanied by a guide dog and every physically handicappe

N.D.A.G. Letter to Jansen (Feb. 12, 1985) February 12, 1985 Mr. Jack Jansen State Fire Marshal State Capitol Bismarck, North Dakota 58505 Dear Jack: Thank you for your letter of January 22, 1985, concerning the definition of "building official" as that term is used in the Uniform Mechanical Code as referenced by the Uniform Building Code. Apparently, there is an individual who you do not believe is qualified to be a building official yet who is performing such duties and has approved heating devices. North Dakota law, N.D.C.C. § 54-21.3-03, has adopted the 1982 Uniform Building Code an

N.D.A.G. Letter to Hausauer (Feb. 8, 1985) February 8, 1985 Honorable Roy Hausauer Speaker of the House House of Representatives State Capitol Bismarck, North Dakota 58505 Dear Representative Hausauer: Thank you for your letter of January 24, 1985, asking several questions concerning soil conservation trust lands held by the North Dakota Association of soil Conservation Districts pursuant to N.D.C.C. §4-22-51. N.D.C.C. §4-22-51 states, in part, as follows: The state of North Dakota hereby accepts and declares to be held in trust for the soil conservation districts of the state for

N.D.A.G. Letter to Braun (Feb. 8, 1985) February 8, 1985 Ms. Barbara C. Braun Director Protection and Advocacy Project State Capitol Bismarck, North Dakota 58505 Dear Ms. Braun: Thank you for your letter of January 9, 1985, in which you asked whether the Federal District Court through its opinion or through a series of orders that it issued in connection with the case of Association for Retarded Citizens of North Dakota, et al., vs. Allen I. Olson, et al. , (hereinafter ARC v. Olson ) 561 F.Supp. 470 (D.N.D. 1982), affirmed 713 F.2d 1384 (8th Cir. 1983), has granted the North Dako

N.D.A.G. Letter to Renner (Feb. 7, 1985) February 7, 1985 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 January 18, 1985, regarding the relationship of state personnel policies and county social service board employees. Enclosed is a copy of Attorney General's Opinion 81-137, which answers your questions about salaries and employee benefits. An answer to your remaining question regarding general supervision and authority of the Department of Human Services over county social service board emp

N.D.A.G. Letter to Brovold (Feb. 7, 1985) February 7, 1985 Mr. Jay V. Brovold Billings County State's Attorney Billings County Courthouse P.O. Box 187 Medora, North Dakota 58645 Dear Mr. Brovold: Thank you for your letter of January 10, 1985, regarding the authority of a board of county commissioners to promulgate rules and regulations for reserve pit reclamation on oil well sites. An examination of the North Dakota Century Code has revealed no specific authority for counties to regulate the reserve pit reclamation on oil well sites. Rather, the North Dakota Legislature has granted sp

N.D.A.G. Letter to Hausauer (Feb. 5, 1985) February 5, 1985 Honorable Roy Hausauer Speaker of the House District 25 85 Dakota Avenue Wahpeton, ND 58075 Dear Representative Hausauer: Thank you for your letter of February 4, 1985 concerning which county officer is directed to distribute the daily statement of all receipts and disbursements pursuant to N.D.C.C. §11-14-12. N.D.C.C. §11-14-12 states as follows: 11-14-12. STATEMENT TO TOWNSHIP CLERK OF AMOUNT PAID TO TOWNSHIP TREASURER.-- Whenever the county treasurer pays or remits any township funds to a township treasurer, he shall mail

Date Issued: February 4, 1985 (AGO 85-8) Requested by: Hugh P. Seaworth, Bismarck City Attorney - QUESTION PRESENTED - Whether an ordinance granting a cable television franchise and providing the terms and conditions of that franchise may be referred to the electors of the city. - ATTORNEY GENERAL'S OPINION - It is my opinion that an ordinance granting a cable television franchise and providing the terms and conditions of that franchise may not be referred to th

Date Issued: January 30, 1985 (AGO 85-7) Requested by: Wayne Jones, Ransom County State's Attorney - QUESTION PRESENTED - Whether it is gambling to conduct a bowling tournament in which there is a $1,000.00 entry fee per entry and where there is only one prize, that being the bowling alley, which would go to the top bowler. - ATTORNEY GENERAL'S OPINION - It is my opinion that it is not gambling to conduct a bowling tournament where there is an entry

N.D.A.G. Letter to Sillers (Jan. 29, 1985) January 29, 1985 Mr. Cameron D. Sillers Cavalier County State's Attorney 901 Third Street Langdon, North Dakota 58249 Dear Mr. Sillers: Thank you for your letter dated January 11, 1985, regarding N.D.C.C. §5-02-06. Your question concerned whether a local bar that has obtained a restaurant license and only serves food on specific nights during the week can allow minors to be on the licensed premises to eat if the gross sales of food are equal to the gross sales of alcoholic beverages on the night the restaurant is open. The restaurant exceptio

Date Issued: January 29, 1985 (AGO 85-6) Requested by: Owen L. Anderson, Chairman, North Dakota Judicial Nominating Committee Owen K. Mehrer, Stark County State's Attorney - QUESTIONS PRESENTED - I. Whether a county commission may elect to fill a vacancy in the position of county judge by proceeding in accordance with N.D.C.C. section 44-02-04 after the judicial nominating committee, at the commission's request, has submitted nominees to the commission pursuant to N.D.C.C.

N.D.A.G. Letter to Jones (Jan. 28, 1985) January 28, 1985 Mr. Wayne P. Jones Ransom County State's Attorney P.O. Box 391 Lisbon, North Dakota 58054 Dear Mr. Jones: Thank you for your letter of January 9, 1985, requesting an opinion as to whether North Dakota's Open Meetings Law applies to the Southeast Crime Conference. North Dakota's Open Meetings Law is found in N.D.C.C. § 44-04-19. This law requires meetings of certain governmental entities or agencies to be open to the public and further requires advance notice of such meetings. I believe that there are three categories of entitie

N.D.A.G. Letter to Hagerty (Jan. 28, 1985) January 28, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of January 14, 1985, regarding whether the County Emergency Fund, N.D.C.C. 57-15-28, may be used for construction of new court facilities and courtroom remodeling. N.D.C.C. §57-15-28 provides that the governing body of any county may levy a tax for emergency purposes not exceeding the limitation of N.D.C.C. §57-15-06.7(22). Each county may create an emerge

Date Issued: January 28, 1985 (AGO 85-5) Requested by: Representative Lyle Hanson - QUESTIONS PRESENTED - I. Whether a water resource district may adopt rules that modify the provisions of N.D.C.C. section 61-16.1-41. II. Whether a water resource district may adopt rules requiring a permit for drainage of less than eighty acres. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a water resource board may not adopt rules that modify the provisions of N.D.C.C. s

N.D.A.G. Letter to Slorby (Jan. 25, 1985) January 25, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of December 31, 1984, regarding the application of North Dakota Veteran's Preference Law, N.D.C.C. Ch. 37-19.1, to a county, such as Ward County, which has no civil service system or testing mechanism for the employment of county workers. The applicable provision of law states as follows: 37-19.1-02. PUBLIC EMPLOYMENT PREFERENCE TO VETERANS--RESIDENCY REQUIREMENTS 1. Veterans w

N.D.A.G. Letter to Crary (Jan. 24, 1985) January 24, 1985 Mr. Paul T. Crary City Attorney City of Walhalla P.O. Box 115 Walhalla, North Dakota 58282 Dear Mr. Crary: Thank you for your letter of January 9, 1985, concerning the issuance of a city building permit. In reviewing N.D.C.C. Title 40, we are able to find only two mentions of building codes and building permits. N.D.C.C. § 40-05-01(1), states that a municipal governing body may adopt by ordinance the conditions, provisions, and terms of, among others, a building code. N.D.C.C. § 40-05-02(6), specifically authorizes a city gover

Date Issued: January 24, 1985 (AGO 85-4) Requested by: Alan Person, Executive Director North Dakota Public Employees Retirement System - QUESTION PRESENTED - Whether N.D.C.C. section 54-52-05 and N.D.C.C. section 15-10-01, require Lake Region Community College to pay its employees' four percent retirement contribution to the Public Employees Retirement System. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. section 54-52-05, and N.D.C.C. section 15-10-01, do not req

N.D.A.G. Letter to Eiken (Jan. 23, 1985) January 23, 1985 Doug Eiken, Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue, Suite 202 Bismarck, North Dakota 58501 Dear Mr. Eiken: Thank you for your letter of December 21, 1984, concerning cooperation by the Department with the Nature Conservancy in establishing nature preserves at the Cross Ranch. The North Dakota Nature Preserves Act, N.D.C.C. Ch. 55-11, authorizes the North Dakota Parks and Recreation Department to establish a system of nature preserves. Pursuant

Office of the Attorney General State of North Dakota Opinion No. 85-3 Date Issued: January 22, 1985 Requested by: John A. Richardson Commissioner North Dakota State Board of Higher Education --QUESTION PRESENTED-- Whether a private investigator's report, prepared at the request and in the possession of a state college, concerning a member of that college's faculty, is exempt from North Dakota's Open Records Law. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a private investigator's report, prepared at the request and in the posse

Date Issued: January 22, 1985 (AGO 85-2) Requested by: Honorable Pat Conmy State Representative - QUESTION PRESENTED - Whether N.D.C.C. chapter 43-12.1 grants the State Board of Nursing the authority to change the requirements for eligibility to take the nursing license examination by eliminating graduates from the diploma schools of nursing and requiring applicants to have a baccalaureate degree from an institution of higher learning prior to license examination. - ATTORNEY

N.D.A.G. Letter to Terry (Jan. 17, 1985) January 17, 1985 Mr. Wayne Terry Assistant Commandant North Dakota Veterans Home Lock Box 673 Lisbon, North Dakota 58054 Dear Mr. Terry: Thank you for your letter of December 18, 1984, regarding the plans for the North Dakota Veterans Home fair scheduled for the summer of 1985. The following are the specific questions you asked in your letter and my responses to those questions. 1) What kind of liability would we have and would we be covered by any state insurance? The Veterans Home exposure to liability would not be different than the liab