North Dakota AG Opinions, 1988

N.D.A.G. Letter to Gibbens (Aug. 8, 1988) August 8, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your July 14, 1988, letter concerning N.D.C.C. § 29-26-22. Specifically, you ask whether when a court suspends part, but not all, of a criminal fine and taxes a court administration fee against the defendant, N.D.C.C. § 29-26-22 requires that 25% of the court administration fee collected be added to the common schools trust fund. N.D.C.C. 29-26-22 provides: 29-26-22. Judgment for fines, costs, and court adminis

N.D.A.G. Letter to Klein (Aug. 2, 1988) August 2, 1988 Mr. Jeffrey G. Klein Steele County State's Attorney P.O. Box 235 Finley, ND 58230 Dear Mr. Klein: Thank you for your letter of July 18, 1988, concerning a township in Steele County and arrangements for fire protection of the township. The three questions posed in your letter concern N.D.C.C. § 18-06-10 which states as follows: 18-06-10. Township may contract for prevention and extinguishment of fires. The electors of each township at the annual township meeting may authorize and empower the board of township supervisors to levy,

N.D.A.G. Letter to Hoffner (Aug. 2, 1988) August 2, 1988 Mr. S. F. Hoffner Executive Director North Dakota Centennial Commission 2204 East Broadway Avenue Bismarck, ND 58501 Dear Mr. Hoffner: Thank you for your letter of June 8, 1988, which we received on July 11, 1988. You request an opinion regarding the authority of the North Dakota State Highway Department to expend its funds so as to provide for the acquisition and installation of various traffic control devices to be located throughout Bismarck-Mandan and the State Capitol Grounds, and to provide bus

N.D.A.G. Letter to Witham (Aug. 1, 1988) August 1, 1988 Mr. Lyle Witham McHenry County State's Attorney P.O. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your letter of July 22, 1988, concerning attempts to cause a special election to be had concerning excess levies in McHenry County. With your letter, you enclosed your analysis of the law on this issue as well as a copy of your opinion. I appreciate receiving these additional materials which help our research efforts. North Dakota law provides that the governing body of any county, by two-thirds vote of all the members of

N.D.A.G. Letter to Nething (Aug. 1, 1988) August 1, 1988 Hon. David E. Nething State Senator P.O. Box 1059 Jamestown, ND 58402-1059 Dear Senator Nething: Thank you for your letter of July 15, 1988, inquiring of the availability of the Good Samaritan Act to those persons who may render first aid during an upcoming softball tournament in Jamestown. North Dakota law, as found at N.D.C.C. § 32-03.1-02, states that persons who render aid or assistance to other persons who have been injured or who are ill as a result of an accident or illness may not be named as a defendant and held liable i

N.D.A.G. Letter to Marion (Aug. 1, 1988) August 1, 1988 Mr. James L. Marion Director Department of Parole and Probation P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your letter dated June 14, 1988. In that letter you asked four questions. I will deal with each of those questions in turn. First, you have inquired as to whether a person who receives a deferred imposition of sentence is considered a convicted felon for the purposes of N.D.C.C. § 62.1-02-01. For purposes of that section, a "conviction" is defined as a "determination by the jury or court that a per

N.D.A.G. Letter to Leingang (Aug. 1, 1988) August 1, 1988 Mr. Robert J. Leingang Chief Secretary-Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58505 Dear Mr. Leingang: Thank you for your July 12, 1988, letter requesting an opinion regarding the Plumbing Board and the central vehicle system. N.D.C.C. § 24-02-03.3 directed the Highway Commissioner to establish a central vehicle system to regulate the operation, maintenance, and management of all motor vehicles owned or leased by the state. The statute further states that "[e]very state agency, instituti

N.D.A.G. Letter to Patrie (July 25, 1988) July 25, 1988 Mr. William S. Patrie Director North Dakota Economic Development Commission Liberty Building Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your letter of March 21, 1988, inquiring whether there is a prohibition against the manufacture of electronic coin operated gaming devices in North Dakota. I am sorry it has taken so long to respond to you. The statute concerning coin operated gaming devices is N.D.C.C. § 12.1-28-02, which states, in relevant parts, as follows: 12.1-28-02. Gambling -- Related o

N.D.A.G. Letter to Slorby (July 21, 1988) July 21, 1988 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of July 12, 1988, describing a lawsuit which has been brought against the Ward County Board of County Commissioners and your involvement in defending that lawsuit. According to your letter, the North Dakota Insurance Reserve Fund, as the Ward County's insurance carrier, has requested that you defend the action brought against the county because of your expertise in the lawsuit's subject (farm to market r

N.D.A.G. Letter to Person (July 15, 1988) July 15, 1988 Mr. Alan Person Executive Director North Dakota Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of June 9, 1988, in which you request my opinion on whether or not the Public Employees Retirement Board may establish a supplemental short-term disability plan and a long-term care plan for public employees at the employees' expense. You indicate that the plans would be developed by PERS, bids would be solicited from appropriate firms, and the plans would be acti

N.D.A.G. Letter to Person (July 14, 1988) July 14, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of May 20, 1988, in which you ask whether the employee and employer contributions made on behalf of a member are calculated on the employee's gross salary prior to any deductions made for an Internal Revenue Code § 125 Cafeteria Plan. This specific issue has arisen because the State Board of Higher Education has implemented a cafeteria plan for its employees. Under NDPERS,

N.D.A.G. Letter to Lamb (July 11, 1988) July 11, 1988 Mr. Joseph S. Lamb President Bank of North Dakota 700 East Main P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your letter of February 4, 1988, in which you request my opinion as to whether the State Treasurer may invest the Veterans' Postwar Trust Fund in certificates of deposit issued by North Dakota savings and loan associations and commercial banks. I apologize for the delay in responding. N.D.C.C. § 37-14-14 states as follows: 37-14-14. Veterans' postwar trust fund. The veterans' postwar trust fund shall

N.D.A.G. Letter to Hanson (July 6, 1988) July 6, 1988 Hon. Robert E. Hanson State Treasurer Office of State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of May 25, 1988, in which you ask whether the State Treasurer may distribute the oil and gas gross production tax to the producing counties and the state's general fund on a basis more frequent than quarterly. In your letter, you indicate that the State Treasurer is currently depositing the state's portion of the oil and gas gross production tax in the state's general fund on a monthly basis. Th

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-18 Date issued: July 6, 1988 Requested by: Jeanne McLean, Bottineau County State's Attorney - QUESTIONS PRESENTED - I. Whether every document affecting title to real property filed with a register of deeds must contain, for purposes of indexing, a property description. II. Whether documents in the grantor and grantee indexes must also appear in the tract index. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-17 Date issued: June 16, 1988 Requested by: Senator Dan Wogsland - QUESTIONS PRESENTED - I. Whether the procedure followed in the enactment of Senate Bill 2035 was constitutionally infirm or improper. II. Whether Senate Bill 2035 embraces more than one subject. III. Whether the amendments to Senate Bill 2035 changed its general subject matter. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that the procedures foll

N.D.A.G. Letter to Vander Vorst (June 14, 1988) June 14, 1988 Hon. Wilbur Vander Vorst State Representative Box 46 Hague, ND 58542 Dear Representative Vander Vorst: Thank you for your letter of May 14, 1988, in which you inquire whether the 2% tax on diesel fuel used for agricultural purposes may be rededicated by the Legislature from the state highway fund to a conservation fund. I apologize for the delay in responding to you. N.D. Const. art. X, S 11 provides, in part, as follows: Section 11. Revenue from gasoline and other motor fuel excise and license taxation . . . shall be app

N.D.A.G. Letter to McBeth (June 14, 1988) June 14, 1988 Mr. Ronald W. McBeth Richland County Assistant State's Attorney 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your letter of March 3, 1988. I apologize for the delay in responding to you. The questions presented in your letter discuss coroners, law enforcement officers, removal of dead bodies, and the statutes found at N.D.C.C. ch. 11-19.1. After a review of the statutory authority affecting your questions, I will answer each question as it was referenced in your letter. N.D.C.C. § 1

N.D.A.G. Letter to Furuseth (June 14, 1988) June 14, 1988 Mr. Peter Furuseth Williams County State's Attorney P.O. Box 1246 Williston. ND 58802-1246 Dear Mr. Furuseth: Thank you for your letter of March 2, 1988, wherein you inquire as to whom should receive notice of the expiration of the period of redemption for real estate sold to the county for taxes. N.D.C.C. § 57-28-04. In addition, you wish to know whether a severed mineral interest owned by the surface owner would also pass to the county if the land is sold to the county for taxes. In response to your first question, N.D.C.C.

N.D.A.G. Letter to Ficek (June 14, 1988) June 14, 1988 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your May 25, 1988, letter concerning the application of N.D.C.C. § 29-26-22.1 to municipal court judgments. As I understand the facts in your letter, the city of Dickinson prosecuted a certain defendant in municipal court for violations of Dickinson's municipal ordinances. That individual was convicted and assessed fines and costs totaling $1,480. The city would now like to use N.D.C.C. § 29-26-22.1 to dock

N.D.A.G. Letter to Bonner (June 14, 1988) June 14, 1988 Ms. Margy Bonner City Attorney P.O. Box 1306 Williston, ND 58802-1306 Dear Ms. Bonner: Thank you for your letter of June 3, 1988. Your letter discusses recent action taken by the Williston City Commissioners with respect to a city official. The final result of that commission action is that the individual who had acted as city administrator/city auditor no longer continued in that joint position. N.D.C.C. § 40-15-07 states that any person appointed to any office in a commission city form of government as well as any employee of su

N.D.A.G. Letter to Koppang (June 7, 1988) June 7, 1988 Mr. Alton N. Koppang Director of Finance Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Koppang: Thank you for your letter of February 8, 1988, in which you request an opinion concerning the authority of the Board of Education of the city of Fargo (the Board) to issue general obligation bonds pursuant to N.D.C.C. ch. 21-03. I apologize for the delay in responding to your letter. You request an opinion whether the Board may follow N.D.C.C. § 21-03-08(7) without having its building fund tax, levied purs

N.D.A.G. Letter to Hanson (June 6, 1988) June 6, 1988 Hon. Robert E. Hanson State Treasurer Office of State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your May 13, 1988, letter concerning certain court administration fees recently paid to the state by the Stutsman County Auditor's Office. The 1987 Legislature amended N.D.C.C. § 29-26-22 to permit courts to assess a court administration fee in lieu of court costs. N.D.C.C. § 29-26-22 provides: 29-26-22. Judgment for fines, costs, and court administration fee -- Statement to be filed by court -- Docketing

N.D.A.G. Letter to Hanson (June 2, 1988) June 2, 1988 Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Bob: I am writing you to follow up on my letter of March 1, 1988, concerning the ability of a deputy to act on behalf of a principal on various boards and commissions. In my letter of March 1, 1988, I indicated to you that the deputy treasurer was authorized to represent you on various boards and commissions, other than the Land Board, of which you are a member. Recently, the North Dakota Supreme Court decision in Vallelly and Brockhoff v. Park Commi

N.D.A.G. Letter to Fraase (June 2, 1988) June 2, 1988 Mr. Paul H. Fraase Acting City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Paul: Thank you for your letter dated May 2, 1988, concerning the plan which the city of Bismarck has adopted to provide for the financing of improvements to its civic center and public library. Judge William Hodny of the South Central Judicial District has issued a decision in which he has held that the plan constitutes a legal method for financing these improvements. However, you have indicated that the plaintiffs in that action are planning to appeal fr

N.D.A.G. Letter to Stastney (May 31, 1988) May 31, 1988 Mr. Ron Stastney Assistant Superintendent Department of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Stastney: Thank you for your letter dated May 11, 1988. You have inquired as to recent demands for the interviewing of students, presumably juveniles, without notification of the parent or guardian and without an opportunity for the parent or guardian to be present. You have requested my opinion regarding the right of a police officer to demand an interview of student without parental notification or the presence o

N.D.A.G. Letter to Hoffner (May 23, 1988) May 23, 1988 Mr. S.F. Hoffner Executive Director North Dakota Centennial Commission 2204 East Broadway Bismarck, ND 58501 Dear Mr. Hoffner: Thank you for your letter of March 31, 1988, in which you request my opinion on whether the North Dakota Centennial Commission has the legal authority to award Centennial Legacies grant moneys to various state agencies and the Greater North Dakota Association (GNDA). A related question is whether the state agencies have the legal authority to accept and expend the grant moneys. In p

N.D.A.G. Letter to Engelman (May 19, 1988) May 19, 1988 Mr. Jerald L. Engelman Vinje & Engelman, P.C. P.O. Box 547 Mayville, ND 58257-0547 Dear Mr. Engelman: Thank you for your letter of May 3, 1988, wherein you refer to my March 18, 1988, letter to you concerning the question of whether the Larry Dormier residence in Mayville qualifies for the farm residence exemption under N.D.C.C. § 57-02-08(15). Specifically, you have now informed me that Mr. Dormier not only farms land in Traill County but that he "farms the majority of his land . . . in Steele County, North Dakota." Based upon

N.D.A.G. Letter to Redlin (May 18, 1988) May 18, 1988 Hon. Rolland W. Redlin State Senator District 40-50 1005 21st Street N.W. Minot. ND 58701 Dear Senator Redlin: Thank you for your letter of May 9, 1988, in which you request my opinion on two questions concerning the State Fair Association of North Dakota and the public bidding provisions of North Dakota law. Your first question is whether the State Fair Association of North Dakota is subject to the public bidding provisions for construction projects under North Dakota law regardless of whether or not state appropriated funds are us

N.D.A.G. Letter to Maxson (May 16, 1988) May 16, 1988 Senator R. James Maxson District 41 600 - 22nd Avenue NW Minot, ND 58701 Dear Senator Maxson: Thank you for your letter of April 25, 1988, inquiring as to whether the word "dealer" as found in N.D.C.C. § 39-12-04(1)(b) includes a wholesale dealer. N.D.C.C. § 39-12-04(1)(b) states, in part, as follows: 39-12-04. Width, height, and length limitations on vehicles -- Exceptions. Vehicles operated on a highway in this state may not exceed the following width, height, or length limitations: 1. A total outside width,

N.D.A.G. Letter to Lamb (May 16, 1988) May 16, 1988 Mr. Joe Lamb Bank of North Dakota P.O. Box 5509 Bismarck, ND 58502 Dear Mr. Lamb: I am responding to the questions raised in a February 23, 1988, letter from Al Wahl to me regarding the Bank of North Dakota's indemnification policy for members of the Bank's Advisory Board. Attached to the letter is a February 16, 1988, memorandum from Mr. Wahl to members of the Bank's Advisory Board in which the following questions are raised: 1. Whether the Bank of North Dakota may lawfully indemnify members of the Industrial Commission, the Bank A

N.D.A.G. Letter to Baer (May 16, 1988) May 16, 1988 Mr. Larry M. Baer Towner County Water Resource District Towner County Courthouse Cando, ND 58324 Dear Mr. Baer: Thank you for your April 7, 1988, letter. I apologize for the delay in my response. In your letter, you inquire about the proper method to assess payment for transcription costs when an appeal is taken from a water resource district decision on a drainage complaint. As you state in your letter, the statute authorizing the appeal does not address who should pay the costs of transcribing the record and forwarding it to the sta

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-16 Date issued: May 16, 1988 Requested by: Merle A. Torkelson, McLean County State's Attorney - QUESTION PRESENTED - Whether when a judgment of foreclosure includes real property located in more than one county, a county sheriff may sell at an execution sale of the mortgaged property that part of the real property that is not located in his county. - ATTORNEY GENERAL'S OPINION - It is my opinion that when a

N.D.A.G. Letter to Meier (May 12, 1988) May 12, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck ND 58505 Dear Secretary of State Meier: Thank you for your letter of April 22, 1988, inquiring as to multiple ownership of a trade name. Following receipt of additional information, we have learned your question concerns the ability of two entities to jointly and simultaneously register a single trade name. N.D.C.C. § 47-25-01 states that every name under which "any person" performs or transacts any business other than the true name of "such person" is

N.D.A.G. Letter to Ficek (May 12, 1988) May 12, 1988 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of April 25, 1988, regarding the proper destination of the funds originally transferred from the building reserve fund of the city of Dickinson to an escrow account for the purpose of being used as part of the financing for the proposed West River Dakota Dome project. The purpose of the escrow has apparently become impractical due to the defeat of a recent election proposing a home rule charter for the

N.D.A.G. Letter to Schaible (May 11, 1988) May 11, 1988 Mr. Robert R. Schaible Deputy Secretary of State Secretary of State's Office State Capitol Bismarck, ND 58505 Dear Mr. Schaible: Thank you for your letter of April 11, 1988, concerning foreign nonprofit corporations conducting charitable solicitations within North Dakota. Your inquiry is whether such entities should obtain a certificate of authority when they conduct charitable solicitations within North Dakota. N.D.C.C. § 10-27-01 provides that no nonprofit foreign corporation may conduct its affairs in this state until it has o

N.D.A.G. Letter to Fraase (May 11, 1988) May 11, 1988 Mr. Paul H. Fraase Acting City Attorney City of Bismarck 221 North 5th Street P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Fraase: Thank you for your letter of April 28, 1988, inquiring as to the legality of a contribution from the city of Bismarck to the Bismarck Chamber of Commerce. Your letter mentions an annual contribution by the city of Bismarck to the Bismarck Chamber of Commerce designed to promote the work of the chamber and advertising the resources, opportunities, and industrial developments within the city of Bismarck. Yo

N.D.A.G. Letter to Odegard (May 4, 1988) May 4, 1988 Mr. James T. Odegard Grand Forks County State's Attorney P.O. Box 607 Grand Forks, ND 58206-0607 Dear Mr. Odegard: Thank you for your letter of April 26, 1988. I understand your inquiry to concern the possibility of a county contracting out privately for services in carrying out the county's statutory duties and responsibilities as opposed to the county undertaking such action through its own employees and equipment. It is impossible to provide a definite and consistent answer to your question. There are a number of variables that wo

N.D.A.G. Letter to Gregg (May 4, 1988) May 4, 1988 Mr. John R. Gregg Gregg & McLean Attorneys at Law P.O. Box 26 Bottineau, ND 58318 Dear Mr. Gregg: Thank you for your letter of April 25, 1988, wherein you refer to my April 20, 1988, letter and ask me to review my conclusion that a special assessment levy must be terminated if the obligation is satisfied by the municipality from other resources. You have asked for this reconsideration in view of the opinion expressed in 1987 N.D. Op. Att'y Gen. 62 "that a city can continue to certify special assessments for collection to pay for an im

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-15 Date issued: May 3, 1988 Requested by: James L. Marion, Clerk North Dakota Board of Pardons - QUESTIONS PRESENTED - I. Whether the North Dakota Board of Pardons has the authority to reduce an applicant's conviction for a class AA felony to a conviction for a class A felony. II. Whether the North Dakota Board of Pardons has the authority to grant a reprieve, commutation, or pardon that would reduce the length

N.D.A.G. Letter to Olson (May 2, 1988) May 2, 1988 Mr. Lonnie Olson Assistant City Attorney Galloway Building P.O. Box 76 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your letter of April 7, 1988, inquiring as to the ability of a single grocery store in Devils Lake to separate its various store sections into individual "compartments." As we understand your inquiry, the intent of the owner of this grocery store is to treat each compartment as separate grocery store. Using this scenario, the number of employees working in each compartment would be six or less although the grocer

N.D.A.G. Letter to LaQua (May 2, 1988) May 2, 1988 Mr. Vincent A. LaQua Wells County State's Attorney P.O. Box 347 Fessenden, ND 58438 Dear Mr. LaQua: Thank you for your letter of March 31, 1988, describing the sale of gravel by Bremen Township and questions which have been posed concerning that activity. According to your letter, Bremen Township owns a tract of land upon which it causes gravel to be excavated, crushed, and stockpiled. After this process is completed, gravel is sold to other persons or entities and the township receives a certain share of the moneys received for the gr

N.D.A.G. Letter to Gibbens (May 2, 1988) May 2, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter of April 20, 1988, inquiring as to the prohibition contained within N.D.C.C. § 40-13-01. The last sentence of this particular statute states that no person in default to the municipality "shall be eligible to any office." There are three sentences in N.D.C.C. § 40-13-01. All three sentences provide qualifications that must be met before persons may be eligible to a municipal office. Th

N.D.A.G. Letter to Burke (May 2, 1988) May 2, 1988 Ms. Patricia L. Burke Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your letter dated March 24, 1988, in which you inquire as to your responsibilities as state's attorney under N.D.C.C. ch. 27-20. An examination of N.D.C.C. ch. 11-16, pertaining to state's attorneys, and N.D.C.C. ch. 27-20, the Uniform Juvenile Court Act, discloses only one statutory duty placed upon state's attorneys in juvenile court proceedings. N.D.C.C. § 27-20-24(3) provides: 3

N.D.A.G. Letter to Nelson (April 28, 1988) April 28, 1988 Ms. Carol Nelson Barnes County State's Attorney P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of April 20, 1988, inquiring whether a reduction in insurance benefits for elected county officials amounts to a reduction in the salary of those officials. The facts contained in your letter as to the various events occurring with respect to health insurance benefits are not all together clear. However, I am assuming that the value of the insurance benefits have been reduced during the county officials'

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-14 Requested by: Owen K. Mehrer, Stark County State's Attorney Dated issued: April 28, 1988 - QUESTION PRESENTED - Whether a clerk of district court may automatically discharge or cancel a judgment that has been transcribed to the clerk's court from another district or county court when the judgment is ten years old and the clerk has not received a certified copy of an affidavit of renewal from the court in

N.D.A.G. Letter to Wheeler (April 27, 1988) April 27, 1988 Mr. R. W. Wheeler Special Assistant Attorney General P.O. Box 2056 Bismarck, ND 58502 Dear Mr. Wheeler: Thank you for your letter of March 25, 1988 inquiring as to statutory qualifications for physician licensure. Specifically, you inquire, on behalf of the Board of Medical Examiners, whether the Board has the power to waive the requirements of three years post graduate training for foreign medical graduates. The statutory qualifications for physician licensure are set out in N.D.C.C. § 43-17-18. N.D.C.C.

N.D.A.G. Letter to Person (April 27, 1988) April 27, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of April 11, 1988, in which you request my opinion on two issues that have arisen with respect to the retiree subgroup of the uniform group insurance program. First, you ask whether retirees may be separated into a distinct group for premium rating purposes. Second, you ask whether the premium for retirees may be adjusted on an annual basis. As amended b

N.D.A.G. Letter to Hall (April 27, 1988) April 27, 1988 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Hall: Thank you for your letter of March 28, 1988, wherein you inquire whether an instrument of conveyance may be recorded if it describes only a portion of a specific tract which is subject to delinquent taxes, provided that a proportionate share of the delinquent taxes are paid. You have referred to N.D.C.C. §§ 11-13-12 and 11-18-02 which provide that a county register of deeds shall refuse to record a deed of conveyance until t