North Dakota AG Opinions, 1977

OPINION 77-68 November 8, 1977 (OPINION) Ms. Janet Sauter Secretary, Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Sauter: This is in response to your letter of October 6, 1977, wherein you request an opinion concerning the authority of the North Dakota Public Service Commission to enforce and administer the initial regulatory program which is being promulgated pursuant to the Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87, signed into law on August 3, 1977). You submit the following in your letter of inquiry: "On September 7, 19

OPINION 77-53 November 4, 1977 (OPINION) The Honorable Byron Knutson Commissioner North Dakota Insurance Department Capitol Building Bismarck, ND 58505 Dear Mr. Knutson: This is in response to your letter of October 18, 1977, wherein you request an opinion of this office relative to Rules and Regulations of the Insurance Department concerning coordination of benefits under groups coverages. You have also enclosed related correspondence and copies of the policies to which your inquiry relates. You submit the following in your letter of inquiry: A controversy has developed

October 12, 1977 Mr. Dale W. Moench Attorney At Law P.O. Box 370 Dickinson, North Dakota 58601 RE: Open Meetings - 44-04-19, NDCC Dear Mr. Moench: This is in reply to your letter of September 21, 1977, relative to the application of Section 44-04-19 of the NDCC requiring open meetings of public bodies to the occupational and professional boards. Your request is made in your capacity as special assistant attorney general for the Board of Hairdressers and Cosmetologists. I am not aware of any previous opinions of this office which have considered this precise question. However, I believe the

October 5, 1977 Mr. James T. Odegard Assistant State ’ s Attorney Grand Forks County P.O. Box 607 Grand Forks, ND 58201 RE: Open Records Statute Section44-04-18 Dear Mr. Odegard: This is in reply to your letter of September 8, 1977, relative to the above captioned matter. You stat the following facts and questions: “ Your opinion on the following question would be appreciated. “ This request is a follow-up to our telephone conversation of July 7, 1977, relative to the above cited statute. “ Since the time of our telephone call, we have been presented a copy of a letter of August

OPINION 77-56 September 28, 1977 (OPINION) Mr. Robert G. Gregg Project Manager/Secretary Lower Yellowstone Irrigation District #2 Sidney, MT 59270 Dear Mr. Gregg: This is in response to your letter of September 16 wherein you state: We have received copies of a memorandum and applications to the State of North Dakota whereby we might file for "Application for Eligibility Federal Surplus Personal Property Program." As we feel we are unique in some respects, we would respectfully ask for your opinion as to whether we could possibly be eligible. The Federal Property and Admini

OPINION 77-93 September 19, 1977 (OPINION) Workmen's Compensation Bureau Russel Building - Highway 83 North Bismarck, ND 58505 Attention: Richard J. Gross, Counsel Dear Mr. Gross: You state that, as a result of the case of Lowe v. North Dakota Workmen's Compensation Bureau, 66 N.D. 246, 264 N.W. 837 (1936), the North Dakota Workmen's Compensation Bureau has been informing custom farm operators - such as custom combiners and custom hay movers and stackers - that they are not required to have workmen's compensation coverage due to the farm exemption provided for in Section 65-

OPINION 77-32 August 25, 1977 (OPINION) Mr. John E. Jacobson Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Jacobson: This is in response to your letter in which you make the following inquiry: This is to request your opinion as to the question whether a county may contract with an electrical utility to provide plantsite security during the construction phase of a new facility. I am enclosing a copy of the proposed contract. The county feels that entering into such a contract would prevent the loss of trained deputies who could possibly b

August 15, 1977 Mr. W. Van Heuvelen Executive Officer North Dakota State Department of Health State Capitol Bismarck, ND 58505 Dear Mr. Van Heuvelen: This is in response to your letter of 29 July 1977 indicating that your department has been working with a named oil company refinery to develop systems for use of their waste heat. You indicate that presently there is an investigation of using the waste heat to control temperatures in greenhouses so that certain vegetables could be grown throughout the entire year. You indicate that since the company is a corporation they have rai

OPINION 77-42 August 11, 1977 (OPINION) Mr. Wilbur Boldt Deputy Commissioner North Dakota Game and Fish Department Bismarck, ND 58505 Dear Mr. Boldt: This is in response to your letter of August 8, 1977, wherein you request an opinion of this office relative to prohibitions contained in Section 20.1-04-02 of the North Dakota Century Code, as amended, as the same relates to a possible permit proposed to be issued by your department for the purpose of using the plumage of game birds for various and sundry purposes. You submit the following in your letter of inquiry: Your opi

OPINION 77-36 August 1, 1977 (OPINION) Mrs. Irene E. Sage, R.N. Executive Director North Dakota Board of Nursing 219 North Seventh Street Bismarck, ND 58501 Dear Mrs. Sage: In your letter of May 25, 1977, you request the opinion of the Attorney General's Office regarding the powers and duties of the Board of Nursing over nursing education programs as set forth in that letter. Specifically you ask the Board's responsibility regarding: 1. Establishing standards for all nursing education programs or acknowledging programs accredited by national nursing accrediting agencies.

July 19, 1977 Mr. Dewel E. Viker, Jr. State’s Attorney For Traill County Box 696 Hillsboro, ND 58045 Dear Mr. Viker: This is in reply to your letter of July 13, 1977, relative to the open meeting statute. You state the following facts and questions: “I have reviewed N.D.C.C. Section 44-04-19 as amended, which is commonly known as the “open meeting law”. “Among the duties of the States Attorney, I am required to act as counsel for the County in civil law suits in which the County is the Plaintiff, for example condemnation suits for acquiring right-of-way, and also in suits a

OPINION 77-87 July 19, 1977 (OPINION) Mr. John T. Paulson Barnes County States Attorney Valley City, ND 58072 Dear Mr. Paulson: This is in reply to your request for an opinion on your question of how Section 57-20-20 N.D.C.C. as amended by the 1974 Legislature should be applied to the facts quoted from your letter as follows: A taxpayer has paid his 1976 real estate taxes under protest. The only reason that he has given for paying under protest is that he feels that taxes are too high. The question that has been raised is whether or not he must file an application for abate

OPINION 77-47 June 20, 1977 (OPINION) Mr. Thomas B. Jelliff States Attorney Grand Forks County P. O. Box 607 Grand Forks, ND 58201 Dear Mr. Jelliff: This opinion is given in response to a request by your office dated May 26, 1977, as follows: "I am requesting an opinion regarding the proper action of hospitals, the reporting to law enforcement agencies of traumatic injuries. Our research of the North Dakota Century Code has failed to disclose any specific statute which pertains to the reporting of hospitals. We would therefore like an opinion regarding: 1. Do hospita

OPINION 77-8 June 2, 1977 (OPINION) Mr. Glenn Dill Attorney at Law Kenmare, ND 58746 Dear Mr. Dill: This is in response to your letter of 18 May 1977, as city attorney for a named city, indicating that the city request an official Attorney General's opinion on the question of: "Can the Auditor of a City also be appointed Chief of Police?" Statutes you cite would indicate that the city in question is a council, as opposed to a commission, type city. You indicate that you have advised the city that Section 40-14-07 of the North Dakota Century Code which prohibited the Auditor f

OPINION 77-40 June 2, 1977 (OPINION) The Honorable Steven J. Swiontek State Representative District 45 134D Ct. University Village Fargo, ND 58102 Dear Representative Swiontek: This is in response to your letter of May 20, 1977, wherein you expressed concern about the odor from the American Crystal Sugar facility in Moorhead, Minnesota. With regard to the Environmental Law Enforcement Act of 1975, (copy enclosed) this Act provides a procedural remedy by which an "aggrieved" plaintiff may directly enforce environmental statutes and regulations otherwise enforceable by state a

OPINION 77-51 May 26, 1977 (OPINION) The Honorable Byron Knutson Commissioner of Insurance State Capitol Bismarck, ND 58505 RE: H.B. 1594 Dear Mr. Knutson: This is in reply to your letter of May 19, 1977, relative to H.B. 1594. You state the following facts and questions: "We have been asked to review the above legislation because of the possibility of complications arising from the use of the word 'following' on line ten. It appears that if the bill is interpreted literally insurance coverages will be for the usual period, i.e., monthly, quarterly, semiannual or annual

OPINION 77-78 May 17, 1977 (OPINION) The Honorable Water Christensen State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Christensen: This is in reply to your letter of May 10, 1977, in which you set forth the following facts and questions: "The 1977 legislature changed the distribution formulas of both the coal conversion facilities tax and the coal severance tax. The money collected from these two taxes is collected on a quarterly basis and is submitted to the State Treasurer's Office for distribution the quarter following the period for which it was collected. I re

OPINION 77-29 May 16, 1977 (OPINION) Hon. J. B. Graham, County Justice Dickey County Courthouse Ellendale, ND 58436 Dear Judge Graham: This is in response to your letter of March 24, 1977, wherein you request an opinion of this office relative to payment for costs of juries in those instances where a change of venue may occur, changing the place of trial to an adjoining county. You submit the following situation and expressions in your letter: I have a problem that confronts me and in looking through the County Justice Statutes, I am unable to find the answer. What is happe

OPINION 77-44 May 12, 1977 (OPINION) Mr. Walter R. Hjelle Highway Commissioner State Highway Department Bismarck, ND 58505 Dear Mr. Hjelle: This is in reply to your letter of May 11, 1977, in which you asked the following questions: 1. Does the Highway Department have authority to prohibit landowners who abut the highway from draining into the highway ditches? 2. Does the Highway Commissioner have authority to purchase wetlands and to replace those non federal easement wetlands which are or might be affected by the project? In response to the first question concerning d

OPINION 77-11 April 27, 1977 (OPINION) Mr. John A. Zuger City Attorney P. O. Box 1695 Bismarck, ND 58501 Dear Mr. Zuger: This is in response to your inquiry dated April 12, 1977, which was as follows: "The City of Bismarck has appointed a commission to prepare a home rule charter for presentation to the electorate. Section 40-05.1-07 provides that the home rule charter adopted by a city may be amended or repealed by proposals submitted to and ratified by the qualified electors of the city in the same general manner as provided in Section 40-05.1-02 and Section 40-05.1-04 fo

OPINION 77-5 April 22, 1977 (OPINION) Mr. Robert E. Keim Secretary, State Banking Board Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Mr. Keim: This is in response to your letter of April 19, 1977, in which you draw out attention to the following language in Section 6-02-06, North Dakota Century Code. ". . .A determination in favor of such organization must be joined in by a majority of all the members of the board." You then ask the following question: "Since the State Banking Board is comprised of six members, does the foregoing l

OPINION 77-25 April 15, 1977 (OPINION) Mr. T. N. Tangedahl Executive Director Social Service Board of North Dakota State Capitol Bismarck, ND 58505 Dear Mr. Tangedahl: This is in reply to your letter of April 13, 1977, relative to whether First Amendment rights are protected under North Dakota law. Your inquiry is as follows: "Whether, under North Dakota, a parent or guardian who does not provide specified medical treatment for a child because of legitimate practicing of religious beliefs may, for that reason alone, be considered a 'negligent' parent or guardian." Subsectio

OPINION 77-14 April 15, 1977 (OPINION) Mr. Aloys Wartner III City Attorney City of Harvey Harvey, ND 58341 Dear Mr. Wartner: This is in response to your letter dated March 30, 1977. In that letter you set out the following: I would like an opinion based upon section 40-20-05 of the North Dakota Century Code as amended. I would like to know whether or not this section would allow police officers from the City of Harvey to patrol the highway from a distance of 1 1/2 miles beyond the city limits and issue traffic tickets for a traffic violation, or whether the section shoul

OPINION 77-90 April 6, 1977 (OPINION) Mr. John T. Burke Walsh County State's Attorney Walsh County Courthouse Grafton ND 58237 Dear Mr. Burke: This opinion is written in response to your request for an opinion concerning the application of subsection 15 of section 57-02-08, N.D.C.C., to a certain farm structure. Specifically, your concern is directed toward that taxable status for real property tax purposes of a potato warehouse located upon a lot and block within the limits of Auburn, an unincorporated city. You have stated further that Auburn is in Farmington Township,

OPINION 77-82 April 5, 1977 (OPINION) Mr. John F. Burke Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Burke: This opinion is written to you as the result of your request for an opinion concerning the rate of interest to be charged an estate for late payment of an estate tax after July 1, 1975, when the deceased died prior to that date. Your letter quotes the following from Section 57-37-16, N.D.C.C.: "The tax imposed by this chapter shall be due and payable at the death of the decedent, and, if not paid within fifteen months after the date

OPINION 77-1 March 18, 1977 (OPINION) The Honorable Robert Peterson State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Peterson: This is in reply to your letter of March 14, 1977, in which you set forth the following facts and questions: "We request an opinion to determine the legality of the procedure whereby departments of State Government enter into agreements for the provision of material or services before the appropriation which will pay for the goods and services becomes effective. Examples of these types of transactions are: 1. A department orders vehicles i

OPINION 77-65 February 24, 1977 (OPINION) Ms. Adeline Vondrachek North Dakota State Board of Hairdressers and Cosmetologists Box 1544 - 106 North Third Suite M 101 Dakota Hotel Grand Forks, ND 58201 Dear Ms. Vondrachek: This is in response to your letter of January 15, 1977, wherein you request an opinion of this office concerning Chapter 43-11 of the North Dakota Century Code as it relates to persons engaged in electronic hair removal, electronic skin care, and application of sculptured or artificial fingernails. You submit that persons and establishments not licensed by th

OPINION 77-85 February 23, 1977 (OPINION) Mr. Garylle B. Stewart Assistant City Attorney c/o Office of City Attorney Fargo, ND 58102 Dear Mr. Stewart: This opinion is written in response to your request for an opinion concerning the proper application of Section 57-02-08.1 N.D.C.C. You have stated that your request is made as the result of an inquiry made of your office by an attorney representing several Fargo property owners. Specifically, the facts presented to you are as follows: A husband and wife who qualify for the homestead credit provisions of Section 57-02-08.1

OPINION 77-21 February 4, 1977 (OPINION) Mr. Theodore Kessel, Jr. City Attorney LaMoure, ND 58458 Dear Mr. Kessel: This is in reply to your letter of February 2, 1977, wherein you state the following facts and questions: "I am the city attorney of LaMoure, North Dakota. The City has commenced zoning and planning procedures pursuant to Chapters 40-47 and 40-48 of the North Dakota Century Code. By Ordinance adopted June 7, 1976 the Council extended its zoning and planning authority over unincorporated territory within one-half (1/2) mile of its corporate limits pursuant to

OPINION 77-27 January 24, 1977 (OPINION) The Honorable Oscar Solberg, Speaker House of Representatives Forty-fifth Legislative Assembly State of North Dakota Dear Mr. Speaker: This is in response to the request for an opinion which was initiated by Representative Robert O'Shea and relayed to this office by you on January 20, 1977. In that letter you inquired ". . . whether or not a member of a Board of County Commissioners could expend tax money for the purpose of hiring a lobbyist." This office issued an opinion on January 17, 1951, addressed to the Honorable Dave M. Robinson

OPINION 77-73 January 17, 1977 (OPINION) Mr. R. E. Lommen State Land Commissioner State Capitol Bismarck, ND 58505 Dear Mr. Lommen: This is in response to your letter of February 19, 1976, wherein you request an opinion of this office relative to property to be presumed abandoned pursuant to the Abandoned and Unclaimed Property Act (N.D.C.C. 47-30). You submitted the following facts and inquiries in your letter: "The Board of Directors of the Tuttle Farmers Elevator passed a resolution on June 26, 1975, (a copy of which is attached to this letter) at the advice of the Farm

January 6, 1977 The Honorable Robert Peterson State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Peterson: This is in reference to the audit report of the University of North Dakota which you submitted to this office pursuant to section 44-08-05.1 of the NDCC. You also refer to "questions of law in other areas” for our consideration and whatever action we may deem necessary. While your letter did not specify those areas of the report with which we should be concerned (we assume you did not believe that all of the findings and recommendations contained therein should be reviewed by this of

OPINION 77-58 January 3, 1977 (OPINION) Mr. Ben Meier Secretary of State State Capitol Building Bismarck, ND 58505 Dear Mr. Meier: This is in response to your letter requesting an opinion in regard to the North Dakota Lobbying Law as defined in section 54-05.1-02, N.D.C.C. The wording of this section provides that "the provisions of this chapter shall apply to any person except a legislator or a private citizen appearing on his own behalf and except employees of the state or its political subdivisions acting in their official capacity who, in any matter whatsoever, directly