North Dakota Attorney General Opinions

LETTER OPINION 2006-L-21 July 24, 2006 Mr. James O. Johnson Mercer County State’s Attorney PO Box 39 Stanton, ND 58571-0039 Dear Mr. Johnson: Thank you for your letter asking whether the county landfill manager may also serve as a county commissioner. Based on the following analysis, it is my opinion that the incompatible office doctrine would prevent an individual from serving both as a county landfill manager and as a member of the county commission. ANALYSIS You indicate that an individual was appointed in 1995 by the county commission as a supervisor or manager for

OPEN RECORDS AND MEETINGS OPINION 2006-O-11 DATE ISSUED: July 7, 2006 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION On April 25, 2006, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Senators Joel Heitkamp and Michael Every asking whether the State Board of Higher Education (SBHE or Board) violated N.D.C.C. § 44-04-19 by holding meetings regarding the employment of Chancellor Potts. A request for an opinion based on allegations that a meeting occurred without the notice required by N.D.C.C. § 44-04-20 must

LETTER OPINION 2006-L-20 June 30, 2006 Mr. Russell Hons Chairman North Dakota Private Investigative and Security Board 513 E Bismarck Expy Ste 5 Bismarck, ND 58504 Dear Mr. Hons: Thank you for your letter asking whether a person licensed to provide private security services may review videotapes after the fact to determine what activity took place as shown on the tape without also having a license to provide private investigative services. It is my opinion that a private security service may not review videotapes after the fact to determine what activity took place if that activity constitute

LETTER OPINION 2006-L-19 June 16, 2006 The Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter asking whether Workforce Safety and Insurance (“WSI”) is required to provide all permanent employees the 4% across-the-board salary raises provided to permanent state employees during the 2005-07 biennium and whether those increases must be effective in August of 2005 and 2006. For the reasons stated below, it is my opinion that all permanent, non-probationary employees at WSI who otherwise do not have documen

OPEN RECORDS AND MEETINGS OPINION 2006-O-10 DATE ISSUED: June 7, 2006 ISSUED TO: Cavalier County Weed Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Tom Valentine asking whether the Cavalier County Weed Board (“Board”) violated N.D.C.C. § 44-04-20 by failing to properly post the notice of a meeting at the location of the meeting 1 and by failing to give him notice of a Board meeting. FACTS PRESENTED By letter dated December 28, 2005, Mr. Valentine requested the Board to notify him of meetings by

LETTER OPINION 2006-L-18 May 25, 2006 Mr. Richard Riha Burleigh County State’s Attorney 514 E Thayer Ave Bismarck, ND 58501-4413 Dear Mr. Riha: Thank you for your letter regarding the meaning of the word municipality as used in N.D.C.C. § 58-03-13, regarding township zoning. It is my opinion that the word municipality must be interpreted in relation to other state laws regarding township zoning, and it refers to incorporated cities. ANALYSIS Two provisions in N.D.C.C. § 58-03-13 address membership in township zoning commissions. A township zoning commis

OPEN RECORDS AND MEETINGS OPINION 2006-O-09 DATE ISSUED: May 15, 2006 ISSUED TO: City of Grand Forks CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kyle Braaten asking whether the City of Grand Forks violated N.D.C.C. § 44-04-18 by failing to provide records he requested and N.D.C.C. § 44-04-20 by failing to properly notice a meeting of the City Council. FACTS PRESENTED On January 9, 2006, Mr. Braaten e-mailed a request for records to Grand Forks Mayor Michael Brown and the city attorney, Howard Swanson. He requested “documen

LETTER OPINION 2006-L-17 May 12, 2006 Mr. Charles J. Peterson Golden Valley County State’s Attorney PO Box 10 Beach, ND 58621-0010 Dear Mr. Peterson: Thank you for asking whether N.D.C.C. § 15.1-29-14(5) requires the Superintendent of Public Instruction (“Superintendent”) to not only withhold state aid payments from a school district that fails to pay tuition pursuant to N.D.C.C. § 15.1-29-14, but to also forward those withheld funds to the school district to which the tuition was supposed to be paid. Based on the following analysis, it is my opinion that the Superintendent is required to w

LETTER OPINION 2006-L-16 May 9, 2006 Mr. Stuart A. Larson Traill County State’s Attorney PO Box 847 Hillsboro, ND 58045-0845 Dear Mr. Larson: Thank you for your letter asking whether a county job development authority may take an equity position in a private company. For the reasons indicated below, it is my opinion that a county job development authority lacks express or implied statutory authority to take an equity position in a private company. ANALYSIS You indicate that a county job development authority (JDA) loaned money to a private company which is unable to pay off the loan. You as

OPEN RECORDS AND MEETINGS OPINION 2006-O-08 DATE ISSUED: May 4, 2006 ISSUED TO: North Dakota Stockmen’s Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Timothy Purdon, asking whether the North Dakota Stockmen’s Association violated N.D.C.C. § 44-04-18 by not providing copies of records within a reasonable time period. FACTS PRESENTED The North Dakota Stockmen’s Association (Association) is responsible for recording marks and brands on livestock. The Association’s chief brand inspector and its fi

OPEN RECORDS AND MEETINGS OPINION 2006-O-07 DATE ISSUED: May 1, 2006 ISSUED TO: Nome City Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Randy Peterson asking whether the Nome City Council (“Council”) violated N.D.C.C. § 44-04-20 by failing to give proper notice of its March and April 2006 Council meetings. FACTS PRESENTED The Council has prepared a schedule of its regular meetings for 2006. The schedule lists the date, time, and location of the meetings but does not include a list of topics expected

LETTER OPINION 2006-L-15 April 24, 2006 The Honorable Don Vigesaa State Representative PO Box 763 Cooperstown, ND 58425-0763 Dear Representative Vigesaa: Thank you for your letter asking whether the Department of Transportation (“DOT”) can require auto dealers to collect the state’s motor vehicle excise tax from members of Indian tribes. It is my opinion that DOT may not require auto dealers to collect the state’s motor vehicle excise tax from members of Indian tribes. ANALYSIS The motor vehicle excise tax is a 5% tax imposed on the purchase of motor vehicles. 1 The State Tax Commissioner

LETTER OPINION 2006-L-14 April 17, 2006 Ms. Sharon W. Martens Walsh County State’s Attorney 600 Cooper Avenue Grafton, ND 58237 Dear Ms. Martens: Thank you for asking whether a county may sell land it has acquired for nonpayment of taxes to a city without first offering the land for sale at the annual November tax sale. For the reasons discussed below, it is my opinion that a county may not sell land to a city without first offering the land for sale at the annual November sale. ANALYSIS Chapter 57-28, N.D.C.C., sets out the procedures that must be followed when a county disposes of propert

LETTER OPINION 2006-L-13 April 12, 2006 Mr. Richard E. Herr Wishek City Attorney PO Box 825 Wishek, ND 58495-0825 Dear Mr. Herr: Thank you for requesting my opinion on two issues relating to the state alcohol retail licensing laws. It is my opinion that N.D.C.C. § 5-02-03 limits the additional license fee Wishek can charge prospective licensees to sell alcohol on Sundays to five dollars for each Sunday the licensee proposes to sell alcoholic beverages. It is my further opinion that, upon proper application, a local governing body may issue a Sunday alcoholic beverage permit pursuant to N.

OPEN RECORDS AND MEETINGS OPINION 2006-O-06 DATE ISSUED: March 30, 2006 ISSUED TO: North Dakota Judicial Conference CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Roland Riemers asking whether the North Dakota Judicial Conference violated N.D.C.C. § 44-04-20 by failing to include the location of a meeting in the meeting notice. FACTS PRESENTED The North Dakota Judicial Conference met November 21 and 22, 2005 in Bismarck. The notice of the meeting was posted on the North Dakota Supreme Court website and stated

LETTER OPINION 2006-L-12 March 29, 2006 The Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505-0500 The Honorable Tim Mathern State Senate 429 16th Ave S Fargo, ND 58103-4329 Dear Secretary of State Jaeger and Senator Mathern: Thank you for your letter asking whether the prohibition on corporate campaign contributions contained in N.D.C.C. § 16.1-08.1-03.3(1)(c) applies to candidates for city and county elected offices. Based on the following, it is my opinion that the prohibition on corporate campaign contributions contained in N

LETTER OPINION 2006-L-11 March 27, 2006 Mr. Galen J. Mack Pierce County State’s Attorney PO Box 196 Rugby, ND 58368-0196 Dear Mr. Mack: Thank you for your letter asking whether, under the provisions of N.D. Const. art. VII, § 8, a candidate for election for sheriff must be a resident of the county at the time of the June primary election or the November general election. For the reasons indicated below, it is my opinion that a candidate for election for sheriff must be a resident of the county at the time of the November general election and not the June primary election. ANALYSIS Article V

LETTER OPINION 2006-L-10 March 22, 2006 The Honorable Joel C. Heitkamp State Senator 9457 West Ridge Road Hankinson, ND 58041-9514 Dear Senator Heitkamp: Thank you for your letter asking whether the Superintendent of Public Instruction may make payments to the Mantador Public School District (District) for the second and third years the district is nonoperational. You also asked whether the District has a right to receive payments under a law repealed by the 2005 Legislature because the District decided to become nonoperational based on the expectation it would receive payments for three ye

LETTER OPINION 2006-L-09 March 2, 2006 Mr. Ronald J. Weikum Grant County State’s Attorney PO Box 196 Carson, ND 58529-0196 Dear Mr. Weikum: Thank you for the letter asking whether real property owned by a city job development authority is exempt from property taxation under N.D.C.C. § 57-02-08(3) as property belonging to a political subdivision. For the reasons stated below, it is my opinion that real property owned by a city job development authority is exempt from property taxation under N.D.C.C. § 57-02-08(3) as property belonging to a political subdivision. ANALYSIS A city job development

OPEN RECORDS AND MEETINGS OPINION 2006-O-05 DATE ISSUED: February 28, 2006 ISSUED TO: North Dakota Firefighter’s Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Darrell Graf asking whether the North Dakota Firefighter’s Association (“Association”) violated N.D.C.C. § 44-04-20 by failing to give proper notice of the Association’s executive board meetings. FACTS PRESENTED The Association is a non-profit corporation. Its members consist of the various organized fire departments and fire protection

OPEN RECORDS AND MEETINGS OPINION 2006-O-04 DATE ISSUED: February 21, 2006 ISSUED TO: Bismarck-Mandan Orchestral Association CITIZEN’S REQUEST FOR OPINION On September 13, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Linda Olsrud asking whether the Bismarck-Mandan Orchestral Association (Association) was a public entity subject to the state’s open records and meetings laws and, if so, whether it violated those laws by holding “secret” meetings, by failing to provide records she had requested, and by failing to provide her with notice

LETTER OPINION 2006-L-08 February 17, 2006 The Honorable Kari L. Conrad House of Representative 224 8th St SE Minot, ND 58701-4038 Dear Representative Conrad: Thank you for your letter asking several questions relating to North Dakota State University’s demolition of a building at the North Central Research Extension Center (Center) near Minot that was formerly the Ward County Poor Farm. For the reasons explained below, it is my opinion that N.D.C.C. § 48-04-01 does not require a political subdivision to offer unused buildings to other political subdivisions before t

LETTER OPINION 2006-L-07 February 16, 2006 Mr. John P. Van Grinsven Ward County State’s Attorney PO Box 5005 Minot, ND 58702-5005 Dear Mr. Van Grinsven: Thank you for your letter asking whether a city and county may fund an agreement to provide joint library services by levying separate taxes with mill levies that are not equal in amount. You also asked whether a home rule county or city could increase the amount of its levy without a vote of the electors as required by N.D.C.C. § 40-38-02(4). For the reasons stated below, it is my opinion that a city and county may fund an agreement to pro

OPEN RECORDS AND MEETINGS OPINION 2006-O-03 DATE ISSUED: February 14, 2006 ISSUED TO: Red River Valley Fair Association CITIZEN’S REQUEST FOR OPINION On February 9, 2006, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from The Forum asking whether the Red River Valley Fair Association violated N.D.C.C. § 44-04-18 by failing to provide copies of applications for the fair manager position and N.D.C.C. § 44-04-19 by holding an unauthorized executive session to discuss the applications. FACTS PRESENTED The Forum asked the Red River Valley Fair Asso

LETTER OPINION 2006-L-06 February 9, 2006 The Honorable Randy Schobinger State Senate PO Box 1215 Minot, ND 58702-1215 Mr. Howard Swanson City Attorney City of Grand Forks PO Box 12909 Grand Forks, ND 58208-2909 Dear Senator Schobinger and Mr. Swanson: Thank you for your letters asking my opinion on several related issues involving statutes created and amended by S.B. 2300, which provide new restrictions on smoking in public places. 1 It is my opinion that smoking would be allowed in a separately enclosed bar area such as the one described in your letters; a municipality, regardless of its

OPEN RECORDS AND MEETINGS OPINION 2006-O-02 DATE ISSUED: February 2, 2006 ISSUED TO: Red River Valley Fair Association CITIZEN’S REQUEST FOR OPINION On December 15, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Matthew Von Pinnon, of The Forum asking whether the Red River Valley Fair Association violated N.D.C.C. § 44-04-19 by holding meetings that were not open to the public. On January 5, 2006, The Forum supplemented its request asking if the Fair Association violated the open meetings law on January 4, 2006. FACTS PRESENTED The president, vice p

LETTER OPINION 2006-L-05 February 1, 2006 The Honorable April Fairfield State Senator 312 South Main Eldridge, ND 58401-7427 Dear Senator Fairfield: Thank you for your letter asking whether the passage of 2005 House Bill 1228 altered the requirement in N.D.C.C. § 15.1-09-31 1 for a school board to publish an itemized list of obligations approved for payment, if so determined by the voters. For the reasons described below, it is my opinion that 2005 House Bill 1228 did not alter the requirement contained in N.D.C.C. § 15.1-09-31 for a school board to publish an itemized list of obligations

LETTER OPINION 2006-L-04 February 1, 2006 Mr. Howard D. Swanson Nelson County Special Assistant State’s Attorney PO Box 12909 Grand Forks, ND 58208-2909 Dear Mr. Swanson: Thank you for your letter asking whether the veterans’ preference provisions of N.D.C.C. § 37-19.1-02 apply to the temporary vacancy appointment of a state’s attorney under N.D.C.C. § 44-02-04. You also asked whether the county commission could leave the position vacant given that there will be an election in June 2006 or whether it could hold a special election to fill the position. For the reasons

LETTER OPINION 2006-L-03 January 25, 2006 The Honorable Ray Holmberg State Senate 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for your letter asking whether N.D.C.C. § 39-04-10.13 requires the director of the Department of Transportation (Department) to issue a uniquely designed license plate for each approved qualifying public and nonprofit organization, or whether a standard license plate with a symbol or design applied by means of a decal is sufficient. For the reasons explained below, it is my opinion that a standard license pl

OPEN RECORDS AND MEETINGS OPINION 2006-O-01 DATE ISSUED: January 9, 2006 ISSUED TO: Dale Zetocha, Executive Director North Dakota State University Research Foundation CITIZEN’S REQUEST FOR OPINION On June 7, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dean Hulse, Dakota Resource Council (DRC) Chair, asking whether the North Dakota State University Research Foundation (Foundation) violated N.D.C.C. § 44-04-18 by refusing to provide copies of records requested. On August 10, 2005, the Foundation provided most of the record

LETTER OPINION 2006-L-02 January 4, 2006 The Honorable Ole Aarsvold House of Representatives Route 2, Box 12 Blanchard, ND 58009-9513 Dear Representative Aarsvold: Thank you for your letter requesting my opinion on several issues related to how House Bill No. 1264, 2005 N.D. Leg. (HB 1264), affects terms of members of the State Board of Agricultural Research and Education (Board). It is my opinion that Board members appointed before the August 1, 2005, effective date of HB 1264 are eligible for reappointment to one additional term of four years upon the expiration

LETTER OPINION 2006-L-01 January 3, 2006 Mr. John P. Van Grinsven Ward County State’s Attorney PO Box 5005 Minot, ND 58702-5005 Dear Mr. Van Grinsven: Thank you for your letter asking several questions regarding whether the Ward County Commission may donate money to assist in the purchase and installation of new seating in the All Seasons Arena (ASA), a facility located on grounds owned by the State Fair Association in Minot, North Dakota. If so, you ask how the donation may be accomplished. For the reasons explained below, it is my opinion that the county may make

LETTER OPINION 2005-L-48 December 21, 2005 The Honorable Wayne G. Sanstead Superintendent of Public Instruction 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter asking whether schools may be in session on January 2, 2006, which is a Monday following New Year’s Day. For the reasons explained below, it is my opinion that schools may not be in session on January 2, 2006. ANALYSIS Section 15.1-06-02, N.D.C.C., provides that “[s]chools may not be in session on . . . New Year’s Day, the first day of January.” It further provides that “if the first day of J

LETTER OPINION 2005-L-47 December 19, 2005 Mr. Stephen M. McLean Oakes City Attorney 115 South 5th Street Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter asking whether an initiated measure which has been revised by the petition sponsors to remove language determined to violate the city’s home rule charter may be put to a vote of the people without recirculating the revised initiated measure petition. It is my opinion that an initiated measure which has been revised by the petition sponsors to remove language determined to violate the city’s home rule charter may not be put to a vo

LETTER OPINION 2005-L-46 December 19, 2005 The Honorable Ron Carlisle House of Representatives 7112 Sibley Dr Bismarck, ND 58504-3020 Dear Representative Carlisle: Thank you for your letter asking whether the State Farm, (now known as the Missouri River Correctional Center (Center)) 1 may lease land to produce hay for sale and whether N.D.C.C. § 12-48-06 allows a state correctional facility to sell hay produced by inmates to the public. The Center is under the jurisdiction of the Department of Corrections and Rehabilitation (DOCR). It is my opinion that DOCR may lease land under its jur

LETTER OPINION 2005-L-45 December 16, 2005 The Honorable Dwight C. Cook State Senator 1408 17th Street SE Mandan, ND 58554-4895 Dear Senator Cook: Thank you for your letter raising questions about the application of 2005 Senate Bill 2227 passed by the 59th Legislative Assembly on local housing authority jurisdiction. You ask whether county housing authorities may continue to own and operate existing assisted housing projects in cities with less than 5,000 population which elect to form housing authorities. You also ask whether county housing authorities may continue to administer federal

OPEN RECORDS AND MEETINGS OPINION 2005-O-21 DATE ISSUED: December 8, 2005 ISSUED TO: Harvey School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Joe Westby, Executive Director, North Dakota Education Association, asking whether the Harvey School Board (“Board”) violated N.D.C.C. § 44-04-19.2(2)(e) by taking final action on a matter during an executive session. FACTS PRESENTED Mr. Westby alleges that, during an executive session, the Board took final action to unilaterally issue contracts to Harvey teachers

LETTER OPINION 2005-L-44 December 8, 2005 Mr. Gary D. Preszler State Land Commissioner State Land Department 1707 N 9th St Bismarck, ND 58506-5523 Dear Commissioner Preszler: Thank you for your letter in which you ask about non-compliance with statutory notice requirements for auctions at which state land is offered for lease. It is my opinion that the constitutional and statutory requirement of publishing notice of a proposed lease auction three times is mandatory. ANALYSIS At statehood, North Dakota received a significant amount of land from the federal government. 1 These lands - often

LETTER OPINION 2005-L-43 December 8, 2005 Mr. J. Thomas Traynor, Jr. Devils Lake City Attorney PO Box 838 Devils Lake, ND 58301-0838 Dear Mr. Traynor: Thank you for your letter requesting my opinion on whether, in acquiring a new water supply, the city of Devils Lake must obtain the approval of the voters as provided by N.D.C.C. § 40-33-16. For the reasons explained below, it is my opinion that under the scenario described in your letter, the city would not be required to obtain the approval of the voters under N.D.C.C. § 40-33-16. ANALYSIS You described the following scenario: The City of

OPEN RECORDS AND MEETINGS OPINION 2005-O-20 DATE ISSUED: December 5, 2005 ISSUED TO: Minto Special Assessment Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ms. Sue Tibert asking whether the Minto Special Assessment Commission violated N.D.C.C. § 44-04-20 by failing to give proper notice of two special meetings held on August 26 and 27, 2005, and N.D.C.C. § 44-04-18 by failing to give her husband, Mark Tibert, a copy of the August 27 meeting notice. FACTS PRESENTED The Special Assessment Commiss

OPEN RECORDS AND MEETINGS OPINION 2005-O-19 DATE ISSUED: November 22, 2005 ISSUED TO: Supreme Court Gender Fairness Implementation Committee CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Roland Riemers asking whether the North Dakota Supreme Court Gender Fairness Implementation Committee violated N.D.C.C. § 44-04-19 by holding a meeting that was not open to the public. FACTS PRESENTED In 1994 the North Dakota Supreme Court created the North Dakota Commission on Gender Fairness in the Courts to study gender fa

LETTER OPINION 2005-L-41 November 9, 2005 Ms. Karen Wojahn President North Dakota State Board of Massage PO Box 218 Beach, ND 58621-0218 Dear Ms. Wojahn: Thank you for requesting my opinion whether a nurse licensed in North Dakota may practice massage in the bona fide practice of nursing while working at a massage establishment or day spa. It is my opinion that a nurse may not practice massage at a massage establishment, day spa, or similar business. ANALYSIS A person may not practice massage for a fee, gratuity, or as a free demonstration, without a license issued by the North Dakota Board

OPEN RECORDS AND MEETINGS OPINION 2005-O-18 DATE ISSUED: November 8, 2005 ISSUED TO: Grand Forks City Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kyle Braaten asking whether the Grand Forks City Council (“City”) violated N.D.C.C. § 44-04-20 by failing to give public notice that contained the general subject matter for a proposed executive session; violated N.D.C.C. § 44-04-19.2 by failing to announce, in the open portion of the meeting, the topic to be discussed in an executive session; and viol

OPEN RECORDS AND MEETINGS OPINION 2005-O-17 DATE ISSUED: November 8, 2005 ISSUED TO: Cavalier County Weed Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Tom Valentine asking whether the Cavalier County Weed Board ("Board") violated N.D.C.C. § 44-04-20 by failing to provide him with a notice of a Board meeting after he made a request to be notified, and by failing to give proper public notice of Board meetings. FACTS PRESENTED Mr. Valentine alleges that the Board does not hold regularly scheduled meetings and does not

LETTER OPINION 2005-L-40 November 4, 2005 Tony Clark, President Susan Wefald, Commissioner Kevin Cramer, Commissioner Public Service Commission 600 E Boulevard Ave Dept 408 Bismarck, ND 58505-0480 Dear Commissioners: Thank you for requesting my opinion regarding the need for an auctioneer’s or auction clerk’s license to sell items through an Internet auction service. It is my opinion that sales similar to those conducted by eBay are not auctions within the contemplation of the statute. Because eBay does not conduct actual auctions, it is not an auctioneer, so eBay does not need an auctionee

LETTER OPINION 2005-L-39 October 27, 2005 Mr. Wade Enget Mountrail County State’s Attorney PO Box 369 Stanley, ND 58784-0369 Dear Mr. Enget: Thank you for requesting my opinion on several issues relating to a county’s annual sale by auction of property acquired by the county because of a tax lien foreclosure. It is my opinion that an agent, in the agent’s representative capacity, may be the successful bidder at a county tax sale even if the agent personally would otherwise be disqualified by N.D.C.C. § 57-28-15(7), provided that the agent’s principal is eligible to be the successful bidder.

LETTER OPINION 2005-L-38 October 26, 2005 Mr. Jeffrey K. Leadbetter Ransom County State’s Attorney PO Box 511 Lisbon, ND 58054-0511 Dear Mr. Leadbetter: Thank you for your letter asking whether the Lisbon Area Development Authority, recognized by the county as a nonprofit county hospital association, may receive proceeds of the tax levy under N.D.C.C. § 23-18-04 for the purchase of hospital equipment to be leased by the Lisbon Area Development Authority to a local hospital owned by a sectarian organization. It is my opinion that the proceeds of a tax levy under N.D.C.C