North Dakota Attorney General Opinions

Date Issued: July 7, 1981 (AGO 81-70) Requested by: Brian D. Neugebauer, City Attorney for the City of West Fargo - QUESTION PRESENTED - Whether the city of West Fargo has authority to license amusement games or devices. - ATTORNEY GENERAL'S OPINION - It is my opinion that the city of West Fargo does not possess authority to license amusement games or devices. - ANALYSIS - Chapter 53-04 of the North Dakota Century Code provides authority for the licensing of amusement games or devices. According to section 53-04-05, N.D.C.C., "›T!he attorney general's licensing department shall admin

Date Issued: July 6, 1981 (AGO 81-69) Requested by: Dale Moug, Director, Department of Accounts and Purchases - QUESTION PRESENTED - Whether it is appropriate for the State Personnel Board to hear an appeal from an employee of the Highway Department who has been dismissed. - ATTORNEY GENERAL'S OPINION - It is my opinion that there is no statutory basis for an appeal to the State Personnel Board from the dismissal of an employee of the Highway Department. - ANALYSIS - Pursuant to section 24-02-03(4) of the North Dakota Century Code, employees of the Highway Department are subject to dismi

Date Issued: July 6, 1981 (AGO 81-68) Requested by: Charles D. Orvik, States Attorney for Pierce County - QUESTION PRESENTED - Whether a county can withdraw from a health district by resolution of the county commissioners. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county by resolution of the board of commissioners cannot withdraw from a health district created pursuant to chapter 23-14 of the North Dakota Century Code. - ANALYSIS - Chapter 23-14 of the North Dakota Century Code provides for the creation, operation, and dissolution of health districts.

Date Issued: July 6, 1981 (AGO 81-67) Requested by: Representative Jack Murphy - QUESTION PRESENTED - Whether the duty of an oil and gas lease operator to pay interest on unpaid royalties commences on July 1, 1981, for royalties on oil and gas marketed at least 150 days prior to that date. - ATTORNEY GENERAL'S OPINION - It is my opinion that the duty of an oil and gas operator to pay interest on unpaid royalties will commence on July 1, 1981, for royalties on oil and gas marketed at least 150 days prior to that date. - ANALYSIS - Section 47-16-39.1 of the North Dakota Century Code was amen

Date Issued: June 19, 1981 (AGO 81-66) Requested by: John F. Burke, Walsh County State's Attorney - QUESTION PRESENTED - Whether the provisions of section 47-19-06 of the North Dakota Century Code prohibit a register of deeds from recording a death certificate unless either a certified copy of an order of a county court or a statement of the State Tax Commissioner relating to the estate tax determination has been recorded if the decedent had a life estate which was created by someone other than the decedent. - ATTORNEY GENERAL'S OPINION - It is my opinion that the provisions of section 47-

Date Issued: June 18, 1981 (AGO 81-65) Requested by: A. S. Benson, Bottineau County State's Attorney - QUESTIONS PRESENTED - I. Whether townships in a rural ambulance service district supported by a two-mill tax levy pursuant to chapter 11-28.3 of the North Dakota Century Code may withdraw from such district, consolidate with a volunteer ambulance service in an adjoining county and continue to receive the two-mill tax levy on the property within their townships. II. Whether the townships referred to in Question I can, if they remain in the rural ambulance service di

Date Issued: June 18, 1981 (AGO 81-64) Requested by: Kent Conrad, State Tax Commissioner and Secretary of the Board of Equalization - QUESTION PRESENTED - Whether administrative proceedings under the Administrative Agencies Practice Act presently pending before the North Dakota State Board of Equalization are terminated on July 1, 1981, under the provisions of subsection 1 of section 28-32-01 of the North Dakota Century Code, as amended by the 1981 Legislative Assembly. - ATTORNEY GENERAL'S OPINION - It is my opinion that all administrative proceedings pendi

Date Issued: June 18, 1981 (AGO 81-63) Requested by: Lloyd F. Zander Commissioner of Veterans' Affairs - QUESTION PRESENTED - Whether moneys raised by the county mill levy authorized by section 57-15-06.4 of the North Dakota Century Code for the veterans' service officers' salary, traveling, and office expenses can be used by the board of county commissioners for other unrelated purposes. - ATTORNEY GENERAL'S OPINION - It is my opinion that, except as authorized in the limited circumstances prescribed by section 11-23-07, N.D.C.C., moneys raised by the county mill

Date Issued: June 16, 1981 (AGO 81-62) Requested by: Larry Kleingartner, Administrator for the North Dakota Sunflower Council - QUESTION PRESENTED - Whether a state agricultural promotion agency which is funded by its member growers can contract and cooperate with any entity to pursue a common objective such as research, production and market development. - ATTORNEY GENERAL'S OPINION - It is my opinion that a state agricultural promotion agency which is funded by its member growers may contract a portion of its budget with any entity to pursue a common objective such as research, product

Date Issued: June 15, 1981 (AGO 81-61) Requested by: Bruce Hagen, Chairman, State Personnel Board - QUESTION PRESENTED - Whether a member of the State Personnel Board, elected by state employees pursuant to section 54-44.3-03 of the North Dakota Century Code, may continue to serve on the board after separating from state employment. - ATTORNEY GENERAL'S OPINION - It is my opinion that a member of the State Personnel Board, duly elected by state employees, may not continue to serve on the board after separating from state employment. - ANALYSIS - Section 54-44.3-

Date Issued: June 15, 1981 (AGO 81-60) Requested by: Jerald L. Engelman, Mayville City Attorney - QUESTION PRESENTED - Whether a city council may adopt a resolution authorizing a low rent housing program and agree that the low rent housing is exempt from real and personal property taxes. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city council may adopt a resolution authorizing a low rent housing program and agree in the resolution that the low rent housing shall be exempt from real and personal property taxes. - ANALYSIS - Section 23-11-02 of the North Dakota Century Code pro

Date Issued: June 15, 1981 (AGO 81-59) Requested by: Dr. Al Schmiess, Administrative Assistant, North Dakota State Board of Dental Examiners - QUESTION PRESENTED - Whether the term "medical" as used in section 13-01-14 of the North Dakota Century Code applies to persons engaged in the practice of dentistry. - ATTORNEY GENERAL'S OPINION - It is my opinion that the term "medical" as used in section 13-01-14, N.D.C.C., is not restricted in its application to medical doctors and applies to persons engaged in the practice of dentistry. - ANALYSIS - House Bill No. 1210, which was

Date Issued: June 11, 1981 (AGO 81-58) Requested by: Cynthia A. Rothe Cass County State's Attorney - QUESTION PRESENTED - Whether a residence owned by a church and rented by a nonprofit corporation for use as a halfway house qualifies as property exempt from taxation under subsection 8 of section 57-02-08 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that a residence owned by a church and rented by a nonprofit corporation for use as a halfway house does not qualify as property exempt from taxation either under subsection 8 of section 57-02-08, N.D.C.C.

Date Issued: June 11, 1981 (AGO 81-57) Requested by: State Board of Registration for Professional Engineers and Land Surveyors - QUESTIONS PRESENTED - I. Whether the State of North Dakota and its political subdivisions are exempt from the provisions of Section 43-19.1-28 of the North Dakota Century Code requiring the supervision of a registered professional engineer in construction of public work projects contemplating an expenditure in excess of five thousand dollars. II. Whether the State Board of Registration for Professional Engineers and Land Surveyors may en

Date Issued: June 5, 1981 (AGO 81-56) Requested by: State Tax Commissioner Kent Conrad - QUESTIONS PRESENTED - I. Whether the 1981 amendment of section 57-50-01 of the North Dakota Century Code requires the one cent per gallon tax to be withheld from motor fuel tax refunds made only for motor fuel purchased by the user during the period of July 1, 1981, through June 30, 1983, even though some refunds would be made after June 30, 1983. II. Whether the 1981 amendment of section 57-50-01, N.D.C.C., requires the one cent per gallon to be charged to, and collected from, the user of motor fuel

Date Issued: June 5, 1981 (AGO 81-55) Requested by: Senator Chuck Goodman - QUESTION PRESENTED - Whether a register of deeds may charge a filing fee for filing reports of full consideration pursuant to subsection 1 of section 11-18-02.2 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that a register of deeds may charge a three dollar filing fee for filing reports of full consideration pursuant to subsection 1 of section 11-18-02.2, N.D.C.C. - ANALYSIS - Section 4 of Senate Bill No. 2323 passed by the 1981 Legislative Assembly created a new section of law

Office of the Attorney General State of North Dakota Opinion No. 81-54 Date Issued: June 4, 1981 Requested by: Kent Conrad State Tax Commissioner --QUESTION PRESENTED-- Whether the governing body of a city, acting as the city board of equalization, may 'freeze' the 1981 assessments of platted agricultural lands within the city's limits at the amount of the 1980 assessment. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a city board of equalization may not freeze the 1981 assessments of platted agricultural lands within a city's limits at the amount of the

Date Issued: June 3, 1981 (AGO 81-53) Requested by: Executive Director of Job Service North Dakota (Originally requested by Therman Kaldahl, but issued to Shirley Peterson, his successor) - QUESTION PRESENTED - Whether the method of benefit financing set forth in subdivision b of subsections 1 and 2 of section 52-04-19.1 of the North Dakota Century Code as amended in 1981 is a reimbursable method of financing which would allow for a refund to employers of excess contributions over benefit costs. - ATTORNEY GENERAL'S OPINION - It is my opinion that th

Office of the Attorney General State of North Dakota Opinion No. 81-52 Date Issued: June 2, 1981 Requested by: Dr. Joseph Crawford Superintendent of Public Instruction --QUESTIONS PRESENTED-- I. Whether a reorganized school district providing family transportation payments is entitled to be reimbursed by the State under the amendments to Chapter 15-40.1 of the North Dakota Century Code contained in House Bill 1496 effective July 1, 1981, for the full maximum of fifty percent of the payments to the families when the payments exceed the amount authorized in Section 15-34.2-03, N.D.C.C. II. W

Date Issued: June 1, 1981 (AGO 81-51) Requested by: Dr. Joe Crawford, Superintendent Department of Public Instruction - QUESTIONS PRESENTED - I. Whether kindergarten students can be tuitioned between North Dakota school districts pursuant to chapter 15-40.2 of the North Dakota Century Code. II. Whether a North Dakota school district is eligible to receive foundation aid payments pursuant to section 15-40.1-08(7), N.D.C.C., for a nonresident kindergarten pupil. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that there is no authority in chapter 15-40.2, N.D.C.C., for North Dakota scho

Date Issued: June 1, 1981 (AGO 81-50) Requested by: Richard C. Wilkes, Ward County Assistant State's Attorney - QUESTION PRESENTED - Whether a township may hold a special meeting to increase its mill levy to ninety-five percent of its maximum limitation in order to qualify for a refund of the motor vehicle fuel tax as provided in the amendment to section 57-50-01, N.D.C.C., enacted by the 1981 Legislative Assembly. - ATTORNEY GENERAL'S OPINION - It is my opinion that taxes may be levied by a township only at the annual meeting and not at a special meeting. - ANALYSIS - Section 57-15-19,

Date Issued: May 21, 1981 (AGO 81-49) Requested by: Jay H. Fiedler, Assistant City Attorney for the City of Grand Forks - QUESTION PRESENTED - Whether all municipalities, including home rule cities, are required as of January 1, 1983, to operate on a fiscal year which commences on the first day of January of each year and terminates on the thirty-first day of December of that same year. - ATTORNEY GENERAL'S OPINION - It is my opinion that in accordance with the 1981 amendments to section 40-40-03 of the North Dakota Century Code, effective January 1, 1983, all municipalities, including h

Date Issued: May 18, 1981 (AGO 81-47) Requested by: Kent Conrad, State Tax Commissioner - QUESTION PRESENTED - Whether section 11-18-02.2 of the North Dakota Century Code allows a transition period after its effective date during which deeds may be recorded without containing one of the required statements of full consideration. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 11-18-02.2, N.D.C.C., which was enacted with an emergency clause and which became law at 2:38 p.m. on March 26, 1981, allows no transition period and that all deeds after that time cannot be recorded un

Date Issued: May 15, 1981 (AGO 81-46) Requested by: Elmer Huber, Deputy Superintendent, Department of Public Instruction - QUESTION PRESENTED - Whether the state Superintendent of Public Instruction has the authority to assign to county superintendents of schools the duty of assisting the Department of Public Instruction in the operation and inspection of school lunch programs. - ATTORNEY GENERAL'S OPINION - It is my opinion that the state Superintendent of Public Instruction has the authority to assign to county superintendents of schools the duty of as

Date Issued: May 14, 1981 (AGO 81-45) Requested by: Dr. Joseph Crawford, Superintendent of Public Instruction - QUESTION PRESENTED - Whether the Superintendent of Public Instruction may allow days used for parent-teacher conferences to be counted as classroom instruction days required by section 15-47-33 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - In my opinion, the Superintendent of Public Instruction has no authority to allow days used for parent-teacher conferences to be counted as classroom instruction days required by section 15-47-33, N.D.C.C. - ANALYSIS - Sect

Date Issued: May 13, 1981 (AGO 81-44) Requested by: Scott Engmann, Executive Secretary North Dakota Teachers' Fund for Retirement - QUESTION PRESENTED - Whether a teacher who was vested in the North Dakota Teachers' Insurance and Retirement Fund (TIRF), Chapter 15-39 of the North Dakota Century Code, and who permanently ceased teaching prior to July 1, 1971, but was not eligible because of age for TIRF benefits until after July 1, 1975, is entitled to elect to quality for benefits under the Teachers' Fund for Retirement (TFFR), as provided for in Section 15-39.2-0

Date Issued: May 5, 1981 (AGO 81-43) Requested by: Walton S. Russell, Special Assistant Attorney General for the North Dakota State Board of Professional Engineers and Land Surveyors - QUESTION PRESENTED - Whether a surveyor who prepares oil and gas well siting plats pursuant to section 43-02-03-16 of the North Dakota Administrative Code must comply with the requirements of chapter 47-20.1 of the North Dakota Century Code, relating to the filing of corner records. - ATTORNEY GENERAL'S OPINION - It is my opinion that a surveyor who prepares oil and gas well siting plats pursuant to sect

Date Issued: April 21, 1981 (AGO 81-42) Requested by: Richard P. Gallagher, Mandan City Attorney - QUESTION PRESENTED - Whether the owner of an off-sale retail liquor license can dispense free samplings of alcoholic beverages on the licensed premises. - ATTORNEY GENERAL'S OPINION - It is my opinion that state law does not prohibit the dispensement of free samples of alcoholic beverages on the licensed premises of an off-sale establishment. However, a local governing body may regulate or restrict such an activity pursuant to section 5-02-09 and 40-05-01(29) of the North Dakota Century Cod

Date Issued: April 15, 1981 (AGO 81-41) Requested by: Kent G. Alm, Commissioner State Board of Higher Education - QUESTION PRESENTED - Whether the Board of Higher Education may lawfully hold an executive session, pursuant to section 15-10-17(1), N.D.C.C., to consider the performance of a college president not related to the appointment or removal of a president. - ATTORNEY GENERAL'S OPINION - It is my opinion that under section 15-10-17(1), N.D.C.C., the Board of Higher Education may lawfully meet in executive session to discuss a college president's appointment or removal, but no execut

Date Issued: April 15, 1981 (AGO 81-40) Requested by: Richard C. Wilkes, Ward County Assistant State's Attorney - QUESTIONS PRESENTED - I. Whether an elected county state's attorney must receive prior approval from the board of county commissioners before traveling out-of-state for continuing legal education purposes related to the office of state's attorney. II. Whether the board of county commissioners, by board resolution, has the authority to impose upon a state's attorney, when an appropriation for travel has been included in the state's attorney's budget, prior approval requirement

Date Issued: April 13, 1981 (AGO 81-39) Requested by: Lloyd H. Nygaard Assistant Commissioner and Executive Secretary State Board of Higher Education - QUESTION PRESENTED - Whether section 15-10-17(1) of the North Dakota Century Code, allowing for executive sessions of the Board of Higher Education for appointment and removal of certain personnel, applies to appointment and removal of the Commissioner and other staff members of the Board of Higher Education. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 15-10-17(1), N.D.C.C., does not apply to the Commissioner of Higher Ed

Date Issued: April 10, 1981 (AGO 81-38) Requested by: Charlene H. Seifert, Director State Laboratories and Consumer Affairs - QUESTION PRESENTED - Whether mobile home parks, trailer parks, and campgrounds constructed before July 1, 1977, are subject to the rules and regulations adopted by the North Dakota State Laboratories Commission prior to such date. - ATTORNEY GENERAL'S OPINION - It is my opinion that mobile home parks, trailer parks, and campgrounds constructed before July 1, 1977, are subject to the rules and regulations adopted by the North Dakota Laboratories Com

Date Issued: April 6, 1981 (AGO 81-37) Requested by: Arne F. Boyum, Rolette County State's Attorney - QUESTION PRESENTED - Whether a school district is authorized to become custodian of the school district's building fund. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school district is authorized to become custodian of the school district's building fund. - ANALYSIS - Section 57-15-17(1)(c) of the North Dakota Century Code, concerning disposition of the building fund tax, states as follows: Such funds shall be paid out by the custodian thereof only upon order of the school board,

Date Issued: April 2, 1981 (AGO 81-36) Requested by: Robert E. Alexander, Zap City Attorney - QUESTIONS PRESENTED - I. Whether it is mandatory for a city to have a zoning commission. II. Whether a city council may appoint its own members to serve as members of the zoning commission. III. Whether cities may compensate members of planning and zoning commissions for their attendance at meetings. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that it is not mandatory for a city to have a zoning commission. II. It is my further opinion that city council members may not also serve on the cit

Date Issued: April 2, 1981 (AGO 81-35) Requested by: James M. Vukelic Hettinger County State's Attorney - QUESTION PRESENTED - Whether promulgation of minimum settlement damages and fees guidelines by a surface owners association, for oil exploration and development activities would violate state antitrust law. - ATTORNEY GENERAL'S OPINION - It is my opinion that promulgation of such guidelines would violate the state's antitrust law as found in chapter 51-08, N.D.C.C. - ANALYSIS - Section 51-08-01, N.D.C.C., reads: 51-08-01. POOLS AND TRUSTS PROHIBITED. It shall be unlawful for an

Date Issued: April 2, 1981 (AGO 81-34) Requested by: Thomas H. Falck, Jr. Grand Forks County Assistant State's Attorney - QUESTION PRESENTED - Whether a person convicted of a felony who has been lawfully sentenced to a period of incarceration at the State Farm in Bismarck, but whose sentence has been suspended by the court, is deemed to have been convicted of a misdemeanor pursuant to section 12-51-07, N.D.C.C. - ATTORNEY GENERAL'S OPINION - It is my opinion, to the extent it does not conflict with the sentencing court's intentions, that a defendant who has been sentenced to a period o

Date Issued: March 27, 1981 (AGO 81-33) Requested by: John P. Van Grinsven III Ward County Assistant State's Attorney - QUESTION PRESENTED - Whether a person convicted of a felony who has been lawfully sentenced to a period of incarceration at the State Farm in Bismarck, but who has been ordered to serve the sentence in a county jail facility, is deemed to have been convicted of a misdemeanor pursuant to section 12-51-07 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion, to the extent it does not conflict with the sentencing court's intentions, that a de

Date Issued: March 26, 1981 (AGO 81-32) Requested by: Senator Rolland W. Redlin - QUESTIONS PRESENTED - I. Whether officials who are designated as ex officio members by statute are to be included as part of the total number of members of those certain boards and commissions under section 54-07-01.2 of the North Dakota Century Code of which a new governor is entitled to appoint a simple majority. II. Whether the Senate is required by section 54-07-01.2, N.D.C.C., to confirm the ex officio members of certain boards and commissions. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that offi

Date Issued: March 26, 1981 (AGO 81-31) Requested by: W. J. Brandvik, State Inspector of Apiaries, Department of Agriculture - QUESTIONS PRESENTED - I. Whether chapter 4-12 of the North Dakota Century Code authorizes the registration of a commercial location by a commercial operator if the perimeter of the quarter section that is being registered lies within two miles of the perimeter of another quarter section that is registered by another commercial operator. II. Whether section 4-12-03.1(1), N.D.C.C., authorizes a commercial operator to establish a commercial location within two miles

Date Issued: March 25, 1981 (AGO 81-30) Requested by: Tom P. Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether the apportionment of revenue provisions of section 57-62-02(3)(b) of the North Dakota Century Code apply when a currently active coal-mining operation lies in one county but the tipple for the same lies in another non-coal-producing county. - ATTORNEY GENERAL'S OPINION - It is my opinion that the apportionment of revenue provisions of section 57-62-02(3)(b), N.D.C.C., apply when a currently active coal-mining operation lies in one county but the tipple for the

Date Issued: March 23, 1981 (AGO 81-29) Requested by: Senator Gary J. Nelson - QUESTION PRESENTED - Whether receipt of limited compensation from the UND Medical Center by a physician serving as a part-time lecturer, consultant and clinical faculty member makes that physician an employee of an institution pursuant to Article VIII, Section 6(2)(a), of the North Dakota Constitution and section 15-10-02 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that a physician serving part time as a lecturer, consultant and clinical faculty member

Date Issued: March 23, 1981 (AGO 81-28) Requested by: Richard C. Wilkes, Assistant State's Attorney for Ward County - QUESTIONS PRESENTED - I. Whether subsection 2 of section 11-10.1-05, of the North Dakota Century Code requires that on January 1, 1981, each assessor in a county, regardless of how long he has served as assessor, must have met the minimum requirements for assessor. II. Whether subsection 2 of section 11-10.1-05, N.D.C.C., requires that an assessor be certified by the state supervisor of assessments by January 1, 1982, if that individual assumed the assessor's duties in Ja

Date Issued: March 19, 1981 (AGO 81-27) Requested by: Larry E. Stern, Cass County Assistant State's Attorney - QUESTION PRESENTED - Whether a county may levy a tax on taxable property in a township for the purpose of supporting an airport or airport authority if that township already has an airport levy. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county may levy a tax on taxable property in a township for the purpose of supporting an airport or airport authority even if that township already has an airport levy. - ANALYSIS - Section 2-06-15, N.D.C.C., presently states: In cou

Date Issued: March 13, 1981 (AGO 81-26) Requested by: Jay V. Brovold, Billings County State's Attorney - QUESTION PRESENTED - Whether a board of county commissioners must submit to the electors of the county at a regular or special election a proposal for the construction of a new county courthouse when the proposed expenditure is not greater in amount than can be provided for by the annual tax levies. - ATTORNEY GENERAL'S OPINION - It is my opinion that a board of county commissioners need not submit a proposal for the construction of a new county courthouse to the electors of the count

Date Issued: March 13, 1981 (AGO 81-25) Requested by: Earl R. Myers, Jr. Richland County State's Attorney - QUESTIONS PRESENTED - I. Whether the use of a stamped seal by a notary public is acceptable in lieu of an imprinted seal under North Dakota law. II. Whether a specific inscription must appear on the face of the notarial seal. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a notary public may use a stamped seal pursuant to section 1-01-38 of the North Dakota Century Code. II. It is my further opinion that a notarial seal, whether imprinted or stamped, must contain on its fa

Date Issued: March 13, 1981 (AGO 81-24) Requested by: John Steven Lesmeister, State Treasurer - QUESTION PRESENTED - Whether section 15-40.1-13 of the North Dakota Century Code (N.D.C.C.) is consistent with Section 35 of the Mineral Land Leasing Act of 1920 as amended by the Federal Land Policy and Management Act of 1976. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 15-40.1-13, N.D.C.C., is consistent with section 35 of the Mineral Land Leasing Act of 1920 as amended by the Federal Land Policy and Management Act of 1976. - ANALYSIS - Section 35 o

Office of the Attorney General State of North Dakota Opinion No. 81-23 Date Issued: March 11, 1981 Requested by: Gene A. Christianson Acting Administrator State Health Department --QUESTION PRESENTED-- Whether the institution of cardiac surgery by a hospital constitutes a new medical care service under Chapter 23-17.2 of the North Dakota Century Code. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the question presented is a question of fact and not a question of law. Therefore, this question must be decided by the appropriate party at each level in accordance with the proper legal