North Dakota AG Opinions, 1989

N.D.A.G. Letter to McLean (Aug. 21, 1989) (1) August 21, 1989 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your April 24, 1989, letter inquiring whether an assignment of a contract for deed to a financial institution to secure a loan may be recorded by a register of deeds if there are delinquent taxes against the real property described in the contract for deed. I apologize for the delay in answering your question. For the following reason, it is my opinion that an assignment of a contract for deed to a financial

N.D.A.G. Letter to Enget (Aug. 21, 1989) August 21, 1989 Mr. Wade G. Enget Mountrail County State's Attorney Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your April 6, 1989, letter regarding an application for abatement and settlement of taxes that is pending before the Mountrail Board of County Commissioners. I apologize for the delay in answering your letter. From reading your letter and from discussing this matter with a staff member who has contacted you by telephone, it is my understanding that the relevant facts in this matter can be described as follows: The abatemen

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL 89-13 Date issued: August 21, 1989 Requested by: Honorable John M. Olson Senate Minority Leader - QUESTION PRESENTED - Whether city and county governing bodies have the sole authority to determine what constitutes a state, multistate, or national event under the special Sunday alcoholic beverage permit provisions of N.D.C.C. ' 5-02-05.1. - ATTORNEY GENERAL'S OPINION - It is my opinion that city and county governing bodies

N.D.A.G. Letter to Omdahl (Aug. 16, 1989) August 16, 1989 Honorable Lloyd B. Omdahl Lieutenant Governor Office of the Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Omdahl: Thank you for your July 12, 1989, letter posing eight questions concerning the scope of county home rule authority. I can answer your questions basically by reference to those statutory powers provided to a home rule county. I will answer your questions in the order your letter presents them. QUESTION 1. If a county home rule charter authorized the county to utilize motor vehicle fuel taxes an

N.D.A.G. Letter to Slorby (Aug. 10, 1989) August 10, 1989 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your June 6, 1989, letter concerning discounts for real estate tax payments. In your letter you ask whether a person must pay all real estate taxes, including special assessments, prior to February 15 to be entitled to the discount N.D.C.C. § 57-20-09 provides, or whether, in the alternative, the taxpayer would be entitled to that discount if he or she paid the general consolidated real estate taxes before that dat

N.D.A.G. Letter to Collins (Aug 10, 1989) August 10, 1989 Mr. Sparb Collins Interim Executive Director North Dakota Public Employees Retirement System 400 East Broadway, Suite 505 Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your July 26, 1989, letter concerning the manner in which the Retirement Board may interview candidates for the position of executive director of the North Dakota Public Employees Retirement System (PERS). The PERS Retirement Board is a state agency. N.D.C.C. § 54-52-03. Meetings of state agencies, and other public entities as well, must be op

N.D.A.G. Letter to Vogel (July 31, 1989) July 31, 1989 Honorable Sarah Vogel Commissioner of Agriculture Department of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your May 9, 1989, letter asking whether a discrepancy in House Bill No. 1621, 1989 N.D. Sess. Laws ch. 394, can be "corrected" without waiting until the 52nd Legislative Assembly can amend the statute in 1991. N.D.C.C. §§ 46-03-10 and 46-03-11 authorize the Legislative Council and the Secretary of State to correct errors of spelling, grammar, punctuation, and

N.D.A.G. Letter to Nelson (July 28, 1989) July 28, 1989 Ms. Carol S. Nelson Barnes County State's Attorney 411 West Main Street P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your May 22, 1989, letter concerning House Bill No. 1651 and Rural Ambulance Service Districts. House Bill No. 1651 amended N.D.C.C. § 57-15-50 to prevent more than one governmental entity from levying for ambulance services. Under the amendment, property within a rural ambulance or fire protection district already subject to a levy for and the provision of ambulance servi

N.D.A.G. Letter to Eppler (July 27, 1989) July 27, 1989 Mr. Don B. Eppler City Attorney Lisbon, ND 58054 RE: Armory Lease Dear Mr. Eppler: Thank you for your June 30, 1989, letter to Patricia Moen asking whether a school district may purchase an armory either outright or by contact for deed if the armory is subject to a long-term (longer than one year) lease agreement between a city and the National Guard. N.D.C.C. § 15-29-08(5) gives the school districts the power to lease facilities "for a period not to exceed one year." This section, which contains an exception

N.D.A.G. Letter to Koppang (July 25, 1989) July 25, 1989 Mr. Alton N. Koppang, Director Finance & Reorganization Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Koppang: Thank you for your July 13, 1989, letter concerning the appropriate election at which new members to a school district are to be elected. According to your letter, the number of Max Public School District school board members has recently been increased from five to seven pursuant to the petition provisions of N.D.C.C. § 15-28-01(2). Your question is whether the two new members may be electe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-12 Date issued: July 18, 1989 Requested by: Dennis Edward Johnson McKenzie County State's Attorney - QUESTION PRESENTED - Whether a clerk of court may issue an income withholding order, pursuant to the provisions of N.D.C.C. ch. 14-09, with respect to income from mineral interests owned by a person delinquent in the payment of a child support obligation. - ATTORNEY GENERAL'S OPINION - It is my opinion that a clerk

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-11 Date issued: July 17, 1989 Requested by: Milton W. Kane, Commissioner Department of Veteran's Affairs - QUESTION PRESENTED - Whether a public administrator under N.D.C.C. ch. 11-21 is appointed or employed by a governmental agency pursuant to N.D.C.C. ' 37-19.1-02(1) and, therefore, subject to the veterans' employment preference. - ATTORNEY GENERAL'S OPINION - It is my opinion that a public administrator is not appointe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-10 Date issued: July 17, 1989 Requested by: Jerril Rustan, Chairman North Dakota Agricultural Products Utilization Commission - QUESTION PRESENTED - Whether the ethanol production subsidy established by 1989 N.D. Sess. Laws ch. 82 may be applied to ethanol produced prior to July 1, 1989, the effective date of the subsidy program. - ATTORNEY GENERAL'S OPINION - It is my opinion that the ethanol production subsidy establis

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-9 Date issued: July 17, 1989 Requested by: Sparb Collins, Acting Director North Dakota Public Employees Retirement System - QUESTION PRESENTED - Whether the initial submission of referral petitions to the Secretary of State is sufficient to suspend the operation of a legislative measure. - ATTORNEY GENERAL'S OPINION - It is my opinion that the initial submission to the Secretary of State of referral petitions that are

N.D.A.G. Letter to Sanstead (July 13, 1989) July 13, 1989 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your March 16, 1989, letter in which you request an Attorney General's opinion as to whether the Department of Public Instruction may use direct deposit to distribute foundation aid and tuition apportionment payments to the school districts. I apologize for the delay in responding to your opinion request. The tuition apportionment and foundation aid provisions of stat

N.D.A.G. Letter to Olson (July 13, 1989) July 13, 1989 Hon. John M. Olson North Dakota Senator District 49 P.O. Box 2674 Bismarck, ND 58502-2674 Dear Senator Olson: Thank you for your June 30, 1989, letter concerning Senate Bill No. 2301. A review of the legislative history surrounding the enactment of Senate Bill No. 2301 indicates that the legislative intent was to exempt mortgages on property located in cities and platted subdivisions from the provisions of N.D.C.C. § 47-18-05.1. The minutes of one legislative hearing state: SB 2301 provides that Section 47-18-05.1 would not apply

N.D.A.G. Letter to Neugebauer (July 7, 1989) July 7, 1989 Mr. Brian Neugebauer Ohnstad Twichell West Fargo City Attorney P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your June 21, 1989, letter concerning Senate Bill No. 2492 and aboveground storage tanks. As enacted, Senate Bill No. 2492 allows the use of aboveground storage tanks subject to local "zoning ordinances." As originally introduced, however, Senate Bill No. 2492 did not mention local zoning ordinances or the provisions of the state or local fire codes. Your question i

N.D.A.G. Letter to Nelson (July 7, 1989) July 7, 1989 Ms. Carol S. Nelson Barnes County State's Attorney P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your May 3, 1989, letter concerning a county employee compensation and classification plan. According to your letter, Barnes County has hired consultants to prepare a County Employee Classification and Compensation System (county system). Barnes County Social Services has requested removal of its employees from the county system. This request was based on a belief that the county system is incompatible with the State o

N.D.A.G. Letter to Larson (July 7, 1989) July 7, 1989 Honorable Diane Larson State Representative District 52 413 Cambridge Bismarck, ND 58504 Dear Representative Larson: Thank you for your May 8, 1989, letter asking whether the Governor or any other elected or appointed official may campaign for or against an issue at state expense. The powers and duties of public officers are prescribed by the state constitution and by state statutes. Generally speaking, public officials have only such authority as the constitution and statutes expressly give them, together wit

N.D.A.G. Letter to Koppang (July 7, 1989) July 7, 1989 Mr. Alton N. Koppang Director School Finance & Reorganization Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Koppang: Thank you for your June 8, 1989, letter in which you request an opinion concerning what constitutes a majority of qualified electors within the meaning of N.D.C.C. § 15-40.2-01 and what constitutes a quorum of a school board when some of the members have resigned or refuse to attend the meetings. I will respond to your second question in this letter. The first question, however, will re

N.D.A.G. Letter to Hoffner (July 7, 1989 ) July 7, 1989 Honorable Serenus Hoffner State Representative 1424 Atlanta Drive Bismarck, ND 58504 Dear Representative Hoffner: Thank you for your June 14, 1989, letter requesting my opinion on the validity of the enactment of House Bill No. 1586 by the Fifty-first Legislative Assembly. Your letter specifically requests my opinion on three matters. First, you ask whether the Legislature complied with applicable requirements concerning fiscal notes and a retirement committee report. Second, you ask whether the fiscal notes and

N.D.A.G. Letter to Herr (July 7, 1989) July 7, 1989 Mr. Richard E. Herr City Attorney P.O. Box 67 Wishek, ND 58495-0067 Dear Mr. Herr: Thank you for your June 6, 1989, letter regarding aboveground storage tanks. In my opinion, the city of Wishek has the authority to pass a local zoning ordinance which would require that aboveground storage tanks be smaller than the maximum capacity size referenced in Senate Bill No. 2492, which was recently passed by the 1989 Legislature. As you may be aware, the federal government has established standards regarding underground storage tanks and thos

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-8 Date issued: July 7, 1989 Requested by: Stephen L. McDonough, M.D., Chief, Preventive Health Section, State Department of Health and Consolidated Laboratories - QUESTION PRESENTED - Whether North Dakota's Human Rights Act, N.D.C.C. ch. 14-02.4, as amended by Senate Bill No. 2051, 51st Leg. (1989), applies to discrimination against individuals infected with Human Immunodeficiency Virus (HIV), including individuals with asymptomat

N.D.A.G. Letter to Vogel (July 5, 1989) July 5, 1989 Honorable Sarah Vogel Commissioner North Dakota Department of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your May 31, 1989, letter concerning appointments to the Credit Review Board. You ask whether a person who has contracted to provide services to the state of North Dakota as an agricultural mediation negotiator is eligible for appointment to the Credit Review Board. N.D.C.C. § 6-09.10-02 governs the membership of the Credit Review Board. That statute provides, in

N.D.A.G. Letter to Thompson (July 5, 1989) July 5, 1989 Honorable Vern Thompson State Representative P.O. Box 25 Minnewaukan, ND 58351 Dear Representative Thompson: Thank you for your May 3, 1989, letter asking two questions concerning a city's ability to delegate the functions of a city officer or city governing body to another city officer. Your first question is whether the city commissioners may delegate any of the functions or duties of the city auditor to a city coordinator. N.D.C.C. § 40-16-03 lists the duties and responsibilities of a city auditor. N.D.C.C. § 40-16-16 auth

N.D.A.G. Letter to Evenson (July 5, 1989) July 5, 1989 Ms. Donna Evenson North Dakota Council on the Arts Black Building, Suite 606 Fargo ND 58102 Dear Ms. Evenson: Thank you for your May 1, 1989, letter concerning the Local Education in the Arts Planning Program as administered by the North Dakota Council on the Arts ("Council"). Your letter questions the eligibility of the Catholic Schools of the Diocese of Fargo to receive a grant from this program because of the separation of church and state doctrine. I apologize for the delay in responding to your letter. The doctrine of separati

N.D.A.G. Letter to Tokach (June 23, 1989) June 23, 1989 Honorable Dick Tokach District 53 House of Representatives HCR 2, Box 48 St. Anthony, ND 58566 Dear Representative Tokach: Thank you for your May 26, 1989, letter concerning section 9 of House Bill No. 1494. Section 9 of House Bill No. 1494 authorizes the board of county park commissioners to levy an annual tax for the purpose of acquiring real estate as a site for public parks, the construction of recreational facilities, the renovation and repair of recreational facilities, and the furnishing of recreational facilities. Where t

N.D.A.G. Letter to Person (June 23, 1989) June 23, 1989 Mr. Alan Person Executive Director Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502-1214 Dear Mr. Person: Thank you for your June 13, 1989, letter requesting my opinion as to whether N.D.C.C. § 54-52.1-06 provides that each state employee is entitled to a health insurance contract. It is my understanding that the real issue is whether a husband and wife, who are both state employees, are each entitled to be a contract holder under the state's uniform group insurance program. It is my further un

N.D.A.G. Letter to Larson (June 23, 1989) June 23, 1989 Honorable Rod Larson State Representative District 13 36 Park Drive West Fargo, ND 58078 Dear Representative Larson: Thank you for your June 2, 1989, letter concerning the applicability of the public records law to a law enforcement record concerning a juvenile. North Dakota's public records law provides that all records of public or governmental bodies shall be public records open and accessible for inspection during reasonable office hours "[e]xcept as otherwise specifically provided by law." N.D.C.C. § 44-04-18. Currently, the

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-7 Date issued: June 23, 1989 Requested by: Nancy Jo Bateman, Executive Director North Dakota Beef Commission - QUESTION PRESENTED - Whether an agency subject to the public records law may assess a charge (other than copying costs) for access to public records. - ATTORNEY GENERAL'S OPINION - It is my opinion that an agency subject to the public records law may not assess a charge (other than copying costs) for

N.D.A.G. Letter to Rohrich (June 9, 1989) June 9, 1989 Mr. F. C. Rohrich Linton City Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your May 18, 1989, letter concerning a proposed city ordinance addressing the hiring of city police officers. We have also received a letter from the Linton mayor and members of the Linton city council. From these various materials, it appears that the proposed ordinance is designed to accomplish the following goals: 1. Require the mayor and a committee of two or more aldermen to conduct all interviews of the applicants for polic

N.D.A.G. Letter to Spier (June 7, 1989 ) June 7, 1989 Mr. Elden G. Spier Director Drivers License and Traffic Safety Division North Dakota State Highway Department 608 East Boulevard Avenue Bismarck, ND 58505-0700 Dear Mr. Spier: Thank you for your letter of May 30, 1989, in which you have requested approval of amendments to the North Dakota Uniform Complaint and Summons. I have had an opportunity to review the proposed amendments, and pursuant to N.D.C.C. § 39-06.1-07, I do approve the amendments to the Uniform Complaint and Summons as outlined in your May 30, 1989, letter to me. Y

N.D.A.G. Letter to Wogsland (June 5, 1989) June 5, 1989 Honorable Dan Wogsland State Senator District 23 Route 1, Box 196 Hannaford, ND 58448 Dear Senator Wogsland: Thank you for your May 11, 1989, letter requesting my opinion on Senate Bill No. 2418 as it applies to a water treatment plant project in your district. Senate Bill No. 2418 amends N.D.C.C. ch. 48-02 which sets forth the competitive bidding requirements for public construction projects. In your letter you request my opinion on two questions. Your first question is whether a project is subject to Senate Bill No. 2418 if the

N.D.A.G. Letter to Sinner (June 2, 1989) June 2, 1989 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your May 19, 1989, letter concerning the scope of House Bill No. 1226. This bill designates July 3, 1989, as a holiday in recognition of the centennial of the state of North Dakota. House Bill No. 1226 does not indicate the scope of the holiday declared on July 3, 1989. There is no indication within the statute concerning its application to state employees, employees of political subdivisions, or to oth

N.D.A.G. Letter to Kroke (June 1, 1989) June 1, 1989 Mr. Jon F. Kroke Steele County State's Attorney P.O. Box 565 Finley, ND 58230 Dear Mr. Kroke: Thank you for your May 2, 1989, letter inquiring whether a county is required to replace a bridge on a township road which was damaged by flooding, closed, and then ultimately removed in the interest of public safety. A board of county commissioners' responsibilities for the construction, reconstruction, and repair of bridges on township roads is provided in N.D.C.C. § 24-08-01 and 24-08-03. Specifically, N.D.C.C. § 24-08-01 obligates a boar

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-6 Date issued: June 1, 1989 Requested by: Timothy L. Kingstad, Commissioner State Land Department - QUESTION PRESENTED - Whether a nonexempt person's possessory interest in government-owned real property that is managed or controlled by the Board of University and School Lands is subject to taxation on the value of the possessory interest if the real property is not subject to payments in lieu of ad valorem taxes. - ATTORNEY GENERAL'S OPINION - It is my opinion that a nonexempt person's possessory interest in government-owned real propert

N.D.A.G. Letter to Tornes (May 30, 1989) May 30, 1989 Mr. Gary L. Tornes Director Central Personnel Division State Capitol Bismarck, ND 58505 Dear Mr. Tornes: Thank you for your May 10, 1989, letter, concerning the applicability of N.D.C.C. § 12.1-10-04 to administrative hearings. N.D.C.C. § 12.1-10-04 states as follows: 12.1-10-04. Hindering proceedings by disorderly conduct. 1. A person is guilty of a class A misdemeanor if he intentionally hinders an official proceeding by noise or violence or tumultuous behavior or disturbance. 2. A person is guilty of a cla

N.D.A.G. Letter to Keller (May 30, 1989) May 30, 1989 Honorable Joe Keller State Senator District 33 Route 1, Box 187 Beulah, ND 58523 Dear Senator Keller: Thank you for your April 24, 1989, letter regarding the power and authority of electric cooperatives under N.D.C.C. ch. 10-13. Because a final answer concerning a cooperative's ability to issue a guaranty depends primarily upon the facts present in each case, a formal Attorney General's opinion, which is issued only to resolve questions of law, is not appropriate. Instead, I will provide you with a general discus

N.D.A.G. Letter to Johnson (May 30, 1980) May 30, 1989 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your May 8, 1989, letter concerning the North Dakota seed laws. You ask about an apparent conflict between N.D.C.C. § 4-09-14 and N.D.C.C. § 4-09-15. N.D.C.C. ch. 4-09 generally governs the State Seed Department and other seed matters, including when and how seed must be labeled. N.D.C.C. §§ 4-09-10, 4-09-11, 4-09-11.1, and 4-09-11.2 specify the labeling requirements for, respectively, agricult

N.D.A.G. Letter to Henegar (May 30, 1989) May 30, 1989 Mr. Dale Henegar North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58505-5095 RE: Ownership of and public access to Missouri River Tract in Sections 7 and 8, Township 138 North, Range 80 West, Burleigh County (Fox Island) Dear Mr. Henegar: Thank you for your September 20, 1988, letter in which you ask several questions concerning title to and property interests in a tract of land in Sections 7 and 8 of Township 130 North, Range 80 West, Burleigh County. This tract is depicted on the attached map. In

N.D.A.G. Letter to Price (May 19, 1989) May 19, 1989 Mr. Robert Q. Price Price & LaQuay P.O. Box 69 Langdon, ND 58249 Dear Mr. Price: Thank you for your April 6, 1989, letter concerning the responsibility of water resource districts to manage water within their boundaries. The three questions posed by your letter can be distilled into two issues: 1) the responsibility of a water resource district to manage water within its jurisdiction; and 2) the authority of a city to sell water. Any analysis of these questions is dependent upon factual determinations.

N.D.A.G. Letter to Larson (May 19, 1989) May 19, 1989 Mr. Stuart A. Larson Trail County State's Attorney P.O. Box 847 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your April 12, 1989, letter regarding county roads through city limits. Your first question is whether a North Dakota city may legally refund money a county has given it for resurfacing that part of the county's road lying within the city's limits if the county subsequently abandons that portion of the county road which was resurfaced and which, after being abandoned by the county, will continue to form and be used as an

N.D.A.G. Letter to Kroke (May 19, 1989) May 19, 1989 Mr. Jon F. Kroke Steele County State's Attorney P.O. Box 565 Finley, ND 58230 Dear Mr. Kroke: Thank you for your May 10, 1989, letter inquiring whether a part-time state's attorney may hold office as a part-time municipal judge in another county. N.D.C.C. § 11-16-05(2) provides as follows: 11-16-05. Restrictions on powers or state's attorney -- Option regarding full-time state's attorneys -- Penalty for breach of duty. The state's attorney shall not: . . . 2. Be eligible to or hold any judicial office except that

N.D.A.G. Letter to Stefonowicz (May 17, 1989) May 17, 1989 Mr. Michel W. Stefonowicz Divide County State's Attorney P.O. Box 289 Crosby, ND 58730-0289 Dear Mr. Stefonowicz: Thank you for your March 28, 1989, letter inquiring whether N.D.C.C. § 57-23-04(1)(h) authorizes a board of county commissioners to abate property taxes on a pro rata basis if a building which was in existence on the assessment date is subsequently voluntarily removed during the assessment year. My office has learned that the Divide County Board of Commissioners received a letter dated February 23, 1989, from Mr. Ba

N.D.A.G. Letter to Sanstead (May 16, 1989) May 16, 1989 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Superintendent Sanstead: Thank you for your May 5, 1989, letter requesting approval to adopt emergency administrative rules. N.D.C.C. § 28-32-03(2)(b) states that an administrative agency, subject to applicable constitutional or statutory provisions, may cause an emergency rule to become effective immediately upon approval by the Attorney General or at a date prior to the u

N.D.A.G. Letter to Johnson (May 12, 1989) May 12, 1989 Mr. Erik R. Johnson City Prosecutor Office of City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Johnson: Thank you for your April 24, 1989, letter concerning a municipal court's jurisdiction to hear, try, and determine a municipal ordinance violation equivalent to a violation of N.D.C.C. § 39-08-01. Opinions of the Attorney General are not binding upon the judiciary. Only the courts, therefore, have the authority to determine whether or not they have jurisdiction under any particular circumstances. I do, however, offer for

N.D.A.G. Letter to Sinner (May 11, 1989) May 11, 1989 Honorable George A. Sinner Governor Office of the Governor State Capitol - 1st Floor 600 East Boulevard Bismarck, ND 58505 Dear Governor Sinner: Thank you for your inquiry requesting my opinion on whether personal attendant care aides who contract with counties to perform community-based in-home services for the elderly and disabled are independent contractors or employees for unemployment compensation purposes. To determine whether an individual is an employee or an independent contract for unemployment compen

N.D.A.G. Letter to Lindgren (May 10, 1989) May 10, 1989 Honorable Jay Lindgren State Representative District 13 P.O. Box 603 West Fargo, ND 58078 Dear Representative Lindgren: Thank you for your March 16, 1989, letter requesting an opinion concerning the applicability of North Dakota law concerning debt adjusting to companies which provide types of mortgage acceleration services. I apologize for the delay in responding to you. The subject of debt adjusting is addressed by N.D.C.C. ch. 13-06. N.D.C.C. § 13-06-02 provides a class A misdemeanor offense for perso