North Dakota AG Opinions, 1989

N.D.A.G. Letter to Solberg (Dec. 21, 1989) December 21, 1989 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your October 27, 1989, letter in which you have made inquiries concerning N.D.C.C. § 5-02-06 which provides for the limited presence of persons under the age of twenty-one years on the premises of alcoholic beverage licensed establishments. You have inquired whether the 1989 amendments to N.D.C.C. § 5-02-06 prohibit persons under the age of twenty-one years of age from patronizing or entering a restaurant where the sale

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-21 Date issued: December 21, 1989 Requested by: Owen K. Mehrer Stark County State's Attorney - QUESTION PRESENTED - Whether court-ordered payments for spousal support, contained in a court order or decree which also directs payments of separate and distinct amounts for the support of children, are within the definition of "child support" found in N.D.C.C. ' 14-09-09.10(1). - ATTORNEY GENERAL'S OPINION - It is my opinion

N.D.A.G. Letter to Sinner (Dec. 20, 1989) December 20, 1989 Honorable George A. Sinner Office of Governor State Capitol 600 East Boulevard Bismarck, ND 58505 Dear Governor Sinner: Thank you for your December 19, 1989, letter requesting my opinion on N.D.C.C. § 54-27.2-03, which authorizes the Governor to transfer money from the budget stabilization fund to the state's general fund if the director of the Office of Management and Budget projects that general fund revenues for the biennium will be at least five percent less than estimated by the most rece

N.D.A.G. Letter to Hanson (Dec. 20, 1989) December 20, 1989 Hon. Robert Hanson State Treasurer Office of the State Treasurer State Capitol Bismarck, ND 58505 Hon. Jack Ingstad State Senator P.O. Box 5068 Grand Forks, ND 58206-5068 Dear Mr. Hanson and Senator Ingstad: Thank you for your June 23, July 14, and August 22, 1989, letters requesting my opinion on several issues regarding N.D.C.C. § 5-01-11. I apologize for the delay in responding. Mr. Hanson raised three questions in his July 14, 1989, letter. First, whether N.D.C.C. § 5-01-11 prohibits alcoholic beverage retailers from

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-20 Date issued: December 20, 1989 Requested by: Sarah Vogel Commissioner of Agriculture - QUESTION PRESENTED - Whether the North Dakota Commissioner of Agriculture may establish a greater amount of bond for livestock dealers, packers, and market agencies subject to the Packers and Stockyards Act of 1921 than the amount required under the provisions of the Act. - ATTORNEY GENERAL'S OPINION - It is my opinion that the

N.D.A.G. Letter to O’Connell (Dec. 19, 1989) December 19, 1989 Honorable David O'Connell State Senator District 6 Route 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your July 14, 1989, letter. On behalf of the Glenburn Public School District, you request an informal opinion regarding the meaning of N.D.C.C. § 15-21-19, which deals with the powers of the State Board of Public School Education (State Board). I apologize for the delay in responding to your letter. The first issue you raise is whether the last clause of N.D.C.C. § 15-21-19 requires a school distric

N.D.A.G. Letter to McLean (Dec. 19, 1989) December 19, 1989 Stephen M. McLean City Attorney City of Oakes 124 South 5th Street Oakes, ND 58474 Dear Mr. McLean: Thank you for your December 7, 1989, letter concerning city ownership of land used for farming or ranching. According to your letter, the city owns several lots within an industrial park and wishes to rent those lots to a local farmer. You question whether the city is able to own this land and rent it for farming and ranching pursuant to N.D.C.C. ch. 10-06. Although your letter does not raise the issue, there is a threshold que

N.D.A.G. Letter to Hoy (Dec. 19, 1989) December 19, 1989 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your October 18, and December 12, 1989, letters wherein you requested an opinion regarding the applicability of N.D.C.C. § 15-27.4-03 to the dissolutions of the Noble and Pleasant Valley school districts. I apologize for the delay in responding to your initial request. In your letter you indicated that on February 15, 1989, you requested an opinion as to the proper recipient of cash assets possessed by formerly non

N.D.A.G. Letter to Wold (Dec. 18, 1989) December 18, 1989 Mr. James W. Wold Attorney at Law P.O. Box 628 Cooperstown, ND 58425 Re: Sunday Liquor Sales Dear Jim: Thank you for your December 5, 1989, letter concerning the special Sunday event alcoholic beverage permit provisions of N.D.C.C. § 5-02-05.1. This office has received numerous inquiries from liquor licensees and city and county officials concerning the special event provisions of that section. The 1989 legislature significantly amended N.D.C.C. § 5-02-05.1 to permit the dispensing of all alcoholic beverages by a private club,

N.D.A.G. Letter to Stefonowicz (Dec. 18, 1989) December 18, 1989 Mr. Michel W. Stefonowicz Divide County State's Attorney 115 Main Street South P.O. Box 289 Crosby, ND 58730-0289 Dear Mr. Stefonowicz: Thank you for your November 20, 1989, letter. On behalf of the Westby and Grenora Public School Districts, you request an informal opinion regarding whether a tax credit can be given for the value of the non-cash assets of an annexed school district. In your letter you state that, pursuant to N.D.C.C. § 15-27.1-11, the Westby Public School District was annexed to the Grenora Public S

N.D.A.G. Letter to Linnertz (Dec. 18, 1989) December 18, 1989 Mr. Joseph C. Linnertz Director of Administrative Services Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck ND 58505 Dear Mr. Linnertz: Thank you for your August 4, 1989, letter requesting my opinion as to whether the Department of Public Instruction (Department) must include in its financial statements fixed assets associated with the state's public broadcasting system. It is my understanding the assets were purchased with funds appropriated to the North Dakota Educational Telecommunication

N.D.A.G. Letter to Stastney (Dec. 14, 1989) December 14, 1989 Mr. Ron Stastney Assistant Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Ron: Thank you for your request for an opinion concerning the meaning of subsection 3 of section 5 of House Bill No. 1421, which was passed during the 1989 legislative session. You ask whether the law requires one hour of supervision per student per week. Subsection 3 of section 5 of House Bill No. 1421 states, in part: Any certificated teacher supervising home-based instruction shall

N.D.A.G. Letter to Hanson (Dec. 14, 1989) December 14, 1989 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your August 31, 1989, letter concerning the application of N.D.C.C. § 5-01-11. You inquire into the legality of the purchase of the Holiday Inn hotel chain by Bass PLC, a corporate entity that manufacturers liquor. Your question arises because N.D.C.C. § 5-01-11 prohibits any manufacturer of alcoholic beverages from having a financial interest in a retail alcoholic beverage est

N.D.A.G. Letter to Elhard (Dec. 14, 1989) December 14, 1989 Mr. Terry W. Elhard McIntosh County State's Attorney P.O. Box 248 Ashley, ND 58413 Dear Mr. Elhard: Thank you for your October 30, 1989, letter concerning the validity of an interstate fire protection district. According to your letter, there is a proposal for a South Dakota fire protection district to include North Dakota property and North Dakota residents as its members. Your letter asks whether North Dakota would honor such an interstate rural fire protection district and whether North Dakota taxation authority could be use

N.D.A.G. Letter to O’Connell (Dec. 8, 1989) December 8, 1989 Honorable David O'Connell North Dakota State Senator District 5 Route 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your letter of September 7, 1989, in which you inquired about the effect of the enactment of House Bill 1572, codified as N.D.C.C. § 11-10-26. You inquired whether the effect of the enactment would be to: 1) change the burden of proof in an eminent domain hearing from the government entity to the property owner; and 2) change the substantive issues to be decided. According to legislative hi

N.D.A.G. Letter to Mehrer (Dec. 8, 1989) December 8, 1989 Mr. Owen Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your December 1, 1989, letter in which you have inquired as to whether N.D.C.C. §§ 31-01-16 and 31-01-18 authorize a district judge to issue an order authorizing payment of expert witness fees in a specified amount. N.D.C.C. § 31-01-16 provides: 31-01-16. Compensation and mileage and travel expense of witness - County to pay fees except for district court fees in criminal action. A witness in a c

N.D.A.G. Letter to Manly (Dec. 6, 1989) December 6, 1989 Mr. Robert E. Manly Eddy County State's Attorney P.O. Box 352 New Rockford, ND 58356 Dear Mr. Manly: Thank you for your June 23, 1989, letter inquiring whether a register of deeds may record a personal representative's deed without a county auditor's certificate showing the delinquent real estate taxes and assessments against the property have been paid. I apologize for the delay in answering your letter. A member of my staff received a telephone call from attorney John Hovey of New Rockford, who stated that y

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-19 Date issued: December 6, 1989 Requested by: Superintendent Marge Everhart Golva Public School - QUESTION PRESENTED - Whether, in the absence of a statutory guideline, a school board may exercise its discretion to establish a means of determining what constitutes a "majority of qualified electors" pursuant to N.D.C.C. ' 15-40.2-01. - ATTORNEY GENERAL'S OPINION - It is my opinion that by necessary implication a school

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-18 Date issued: December 5, 1989 Requested by: Richard J. Riha Burleigh County Assistant State's Attorney - QUESTION PRESENTED - Whether a "penny fall" device is "coin-operated" subject to the r egulatory provisions of either N.D.C.C. chs. 12.1-28 or 53-04. - ATTORNEY GENERAL'S OPINION - It is my opinion that a "penny fall" device is "coin-operated" subject to the regulatory provisions of either N.D.C.C. chs. 12.1-28 or

N.D.A.G. Letter to Wold (Nov. 28, 1989) November 28, 1989 Mr. James W. Wold Griggs County State's Attorney Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your November 3, 1989, letter in which you have made inquiries concerning the payment of transcript fees pursuant to N.D.C.C. § 31-01-16. You state that the Northeast Central Judicial District Court Administrator construes the term "expenses" in N.D.C.C. § 31-01-16 to apply to all prosecution district court expenses. That section now provides: 31-01-16. Compensation and mileage and travel expense of witness -- County to p

N.D.A.G. Letter to Lies (Nov. 28, 1989) November 28, 1989 Mr. Steven J. Lies Wahpeton City Attorney 610 Second Avenue North Wahpeton, ND 58075 Dear Mr. Lies: Thank you for your November 8, 1989, letter concerning the transition from a council form of government to a modern council form of government. You ask for an interpretation of N.D.C.C. § 40-04.1-01 and the manner in which the transition occurs where incumbent office holders continue to hold office until their term of office expires. N.D.C.C. § 40-04.1-01 describes how the governing body of a city adopting a modern council form

N.D.A.G. Letter to Jones (Nov. 28, 1989) November 28, 1989 Mr. Lloyd A. Jones Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Jones: Thank you for your letter of October 25, 1989. You inquired whether N.D.C.C. § 28-32-02 requires the state Game and Fish Department to publish a notice of proposed rule making twice in each of North Dakota's ten daily newspapers, if a state subdivision applied to the department under N.D.C.C. § 20.1-13-12 for special rules regarding specific bodies of water in their jurisdiction. If the par

N.D.A.G. Letter to Yockim (Nov. 27, 1989) November 27, 1989 Honorable James C. Yockim State Senator District 1 1123 Second Avenue East Williston, ND 58801 Dear Senator Yockim: Thank you for your November 1, 1989, letter questioning a governing body's control over a city library board established pursuant to N.D.C.C. ch. 40-38. You specifically ask whether the city governing board may refuse to levy a tax in support of the city public library service. N.D.C.C. § 40-38-01 allows the governing body of a city or county, and the voters of a city of county, to establish and maintain a publi

N.D.A.G. Letter to Freed (Nov. 27, 1989) November 27, 1989 Mr. Robert A. Freed Assistant State's Attorney Stutsman County Courthouse 511 Second Avenue SE Jamestown, ND 58401 Dear Mr. Freed: Thank you for your letter of October 13, 1989, wherein you raised a number of questions concerning the application of North Dakota Century Code §§ 39-12-02, 39-12-03, and 39-12-05.3, all relating to the legal weight limit of a motor vehicle. For purposes of N.D.C.C. tit. 39, the word "highway" is defined as "the entire width between the boundary lines of every way publicly maintained when any part

N.D.A.G. Letter to Farland (Nov. 21, 1989) November 21, 1989 Mr. Darrell Farland Executive Director Governor's Council on Human Resources State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Farland: Thank you for your October 30, 1989, letter concerning mobility impaired parking and ramped curbing for wheelchairs. Your first question concerns the 1989 amendment to N.D.C.C. § 39-01-15. 1989 N.D. Session Laws ch. 319. The legislature amended N.D.C.C. § 39-01-15(10) to provide that any person who stops or parks a vehicle that does not display a mobility impaired ide

N.D.A.G. Letter to Furuseth (Nov. 16, 1989) November 16, 1989 Mr. Peter H. Furuseth Williams County State's Attorney P.O. Box 2047 Williston, ND 58802-2047 Dear Mr. Furuseth: Thank you for your April 24, 1989, letter concerning comprehensive county reorganization plans. I apologize for the delay in responding to your letter. In your letter you indicate that in 1984, Williams County developed a comprehensive plan for the reorganization of its school districts and submitted the plan to the State Board of Public School Education (state board) for approval. Your letter further indicates th

N.D.A.G. Letter to Nicholas (Nov. 15, 1989) November 15, 1989 Representative Eugene J. Nicholas Rural Route 1 Cando, ND 58324 Representative Robert E. Nowatzki HCR 3, Box 68A Langdon, ND 58249 Dear Representatives Nicholas and Nowatzki: Thank you for your April 6, 1989, letter requesting a Attorney General's Opinion concerning the constitutionality of N.D.C.C. ch. 61-32. I apologize for the delay; however, I wanted to provide you with as much guidance as possible on this complex and controversial issue. Staffing changes in my office al

N.D.A.G. Letter to Johnson (Nov. 15, 1989) November 15, 1989 Ms. Deborah Johnson, Manager North Dakota Dairy Promotion Commission 4023 North State Street Bismarck, ND 58501 Dear Ms. Johnson: Thank you for your letter to me dated August 9, 1989, in which you ask three related questions concerning the hiring of Commission employees: 1. Whether the hiring by the chairman of the Commission of his daughter violates N.D.C.C. § 44-04-09. 2. If the answer to No. 1 is "yes," whether the resignation by the chairman from the Commission would remedy the situation. 3. Whether the daughter o

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-17 Date issued: November 15, 1989 Requested by: Peter H. Furuseth Williams County State's Attorney - QUESTION PRESENTED - Whether N.D.C.C. ' 11-15-08 requires that the sum of $1,000 be received and disbursed by a sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of real or personal property before that sheriff may collect a fifty dollar commissi

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-16 Date issued: November 15, 1989 Requested by: Douglas Eiken, Director Parks and Recreation Department - QUESTION PRESENTED - Whether the North Dakota Parks and Recreation Department may allow the Fort Abraham Lincoln Foundation to conduct pari-mutuel betting or the playing of a calcutta in Fort Abraham Lincoln State Park. - ATTORNEY GENERAL'S OPINION - It is my opinion that if the Fort Abraham Lincoln Foundation othe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-15 Date issued: November 9, 1989 Requested by: M. K. Heidi Heitkamp State Tax Commissioner - QUESTION PRESENTED - Whether a referred measure rejected by the voters becomes void the day after the election, at the time the State Canvassing Board determines the number of votes cast against the measure exceeds the number of votes cast in favor of the measure, or at some other date. - ATTORNEY GENERAL'S OPINION - It

N.D.A.G. Letter to Neugebauer (Nov. 6, 1989) November 6, 1989 Mr. Brian D. Neugebauer West Fargo City Attorney 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your August 18, 1989, letter concerning a city's extraterritorial zoning and building permit authority. Enclosed with your letter was the opinion of Cass County State's Attorney Robert Hoy's opinion concluding that the city's zoning authority which has been extended to extraterritorial areas preempts existing township zoning authority within that extraterritorial area. State's Attor

N.D.A.G. Letter to Weispfenning (Oct. 13, 1989) October 13, 1989 Mr. Jeff Weispfenning Deputy Commissioner Department of Agriculture State Capitol - 6th Floor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Weispfenning: Thank you for your August 3, 1989, letter requesting my opinion on whether the Department of Agriculture is obligated to continue making group medical insurance premium payments to the North Dakota Public Employees Retirement System (NDPERS) on behalf of a former employee. I apologize for the delay in responding to your letter. The for

N.D.A.G. Letter to Omdahl (Oct. 13, 1989) October 13, 1989 Honorable Lloyd B. Omdahl Lieutenant Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Lieutenant Governor Omdahl: Thank you for your September 18, 1989, letter asking, in your capacity as chairman of the Legislative Audit and Fiscal Review Committee, for an opinion on the duration of the statute of limitations pertaining to claims filed in the Office of State Labor Commissioner. N.D.C.C. § 34-01-13 provides as follows: 34-01-13. Actions under Fair Labor Standards Act must be brought within certain time

N.D.A.G. Letter to Manbeck (Oct. 12, 1989) October 12, 1989 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your letter of September 11, 1989, regarding the legal duty of counties, cities, or townships to make sanitary landfill facilities and services available to their respective subdivisions. Counties, cities, and townships do not have a legal duty to make sanitary landfill facilities and services available to residents of their respective subdivisions. However, counties and cities now have extensive authority to est

N.D.A.G. Letter to Melby (Oct. 9, 1989) October 9, 1989 Honorable Arthur Melby State Representative District 14 1392 Elm Avenue Harvey, ND 58341 Dear Representative Melby: Thank you for your August 15, 1989, letter requesting my opinion as to whether the term "any part," as used in N.D.C.C. § 15-21.3-07, must be taken to include both the singular and the plural. N.D.C.C. § 1-01-35 provides: Words used in the singular number include the plural and words used in the plural number include the singular, except when a contrary intention plainly appears. Because the Legislative Assembly h

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-14 Date issued: September 28, 1989 Requested by: Secretary of State Jim Kusler - QUESTIONS PRESENTED - I. Whether a petition seeking the recall of an elected official of a political subdivision must state at least one of the statutory bases provided for recall. II. Whether a special election to consider the recall of a school board member must be held within 30 days after the date the petitions are determined t

N.D.A.G. Letter to Magnusson (Sep. 27, 1989) September 27, 1989 Mr. Joe Magnusson Seed Regulatory Supervisor State Seed Department State University Station Fargo, ND 58105 RE: Potential Sale of Grain as Seed in North Dakota Dear Mr. Magnusson: Thank you for your June 19, 1989, letter regarding the potential sale of "grain" as seed within the state of North Dakota. I have reviewed N.D.C.C. ch. 4-09 and associated rules coupled with a review of the Plant Variety Protection Act and Federal Seed Act. Those provisions limit the State Seed Department's enforcement capability regarding mate

N.D.A.G. Letter to Gibbens (Sep. 26, 1989) September 26, 1989 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your August 2, 1989, letter in which you ask whether Attorney General's Opinion 89-6 provides for the taxation of a lessee's possessory interest in state land used for grazing or pasture. Your concern arises because of N.D.C.C. § 57-02-26(1), which provides: 1. Property held under a lease for a term of years . . . belonging to the United States or to the state or a political subdivision thereof, except su

N.D.A.G. Letter to Wold (Sep. 21, 1989) September 21, 1989 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your August 30, 1989, letter regarding certain claims in a decedent's estate. You ask whether a claim filed by the Department of Human Services in a decedent's estate but not paid due to the survival of a spouse, earns interest until paid. According to N.D.C.C. § 50-24.1-07, the Department of Human Services is to file a claim in a decedent's estate for all medical assistance paid on behalf of the decedent following t

N.D.A.G. Letter to Stastney (Sep. 21, 1989) September 21, 1989 Mr. Ronald C. Stastney Assistant Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Stastney: Thank you for your August 24, 1989, letter requesting a clarification of N.D.C.C. § 15-21-07. This statute provides, in part, that the "superintendent of public instruction shall counsel with and advise county superintendents of schools and school boards upon all matters involving the welfare of schools, and on request, he shall give them written answers to all questions concerning school laws

N.D.A.G. Letter to Farland (Sep. 21, 1989) September 21, 1989 Mr. Darrell Farland Executive Director Governor's Council on Human Resources State Capitol Annex, 3rd Floor Bismarck, ND 58505 Dear Mr. Farland: Thank you for your letter of September 7, 1989, concerning the ability of the North Dakota Commission on the Status of Women to publish materials gathered from profiles concerning individual women. On May 10, 1989, I wrote you concerning this issue. In that letter, I noted that the Commission on the Status of Women was not provided for by statute. Instead, th

N.D.A.G. Letter to Larson (Sep. 19, 1989) September 19, 1989 Hon. Rod Larson State Representative District 13 36 Park Drive West Fargo, ND 58078 Dear Representative Larson: Thank you for your August 25, 1989, letter concerning meetings of the Cass County Historical Society. Enclosed with your letter were six questions addressing the meetings of publicly funded organizations. The first question inquires whether the meeting of the board of directors of a publicly funded organization must be open to the public. N.D.C.C. § 44-04-19 provides that, unless otherwise provided by law, all meet

N.D.A.G. Letter to Hoffner (Sep. 19, 1989) September 19, 1989 Mr. S. F. "Buckshot" Hoffner Executive Director ND Centennial Commission 2204 East Broadway Bismarck, ND 58501 Dear Buckshot: Thank you for your letter of July 17, 1989, in which you request my opinion concerning the authority granted to the State Forester and the Bank of North Dakota under Senate Bill No. 2114, as enacted by the Fifty-first Legislative Assembly. This bill provides an appropriation to the State Forester for the purpose of increasing tree seedling production and promoting tree planting for the North Dakota

N.D.A.G. Letter to Vogel (Sep. 13, 1989) September 13, 1989 Honorable Sarah Vogel Commissioner of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your August 22, 1989, letter concerning the scope of a minimum wage order issued by the Commissioner of Labor which was to become effective August 14, 1989. You ask whether the overtime provisions apply to farm labor contracts. According to the wage order enclosed with your letter, hours worked in excess of 40 in any week must be paid at no less than one and one-half times the reg

N.D.A.G. Letter to Martinson (Sep. 12, 1989) September 12, 1989 Honorable Bob Martinson House of Representatives District 49 P.O. Box 2296 Bismarck, ND 58502 Dear Representative Martinson: Thank you for your July 27, 1989, letter concerning House Bill No. 1389 as passed by the 1987 Legislative Assembly. 1987 N.D. Sess. Laws 473. Essentially, House Bill No. 1389 required school buses to be equipped with a stop sign on a controlled arm that could be activated by the bus driver. The act, however, does not require the installation of stop signs on control arms for school buses in use befo

N.D.A.G. Letter to Olson (Sep. 6, 1989) September 6, 1989 Hon. John M. Olson North Dakota State Senator District 49 P.O. Box 2674 Bismarck, ND 58502 Dear Senator Olson: Thank you for your July 25, 1989, letter concerning the ability of the Commissioner of Labor to amend a recently issued wage order. The Commissioner of Labor is authorized to determine and prescribe minimum wage standards for employees in any occupation in this state pursuant to the procedures outlined in N.D.C.C. ch. 34-06. N.D.C.C. § 34-06-03(3). Those provisions provide that if the Commissioner of Labor believes emp

N.D.A.G. Letter to Tracy (Aug. 21, 1989) August 21, 1989 Ms. Helen Tracy, Chairman Workers Compensation Bureau Russell Building - Highway 83 North 4007 State Street Bismarck, ND 58501 Dear Ms. Tracy: Thank you for your June 29, 1989, letter requesting my opinion as to whether doctors of chiropractic may perform permanent impairment evaluations on injured employees for the purposes of the Workers Compensation Act. N.D.C.C. § 65-05-12 provides that permanent impairment evaluations shall be performed by the injured employee's "doctor." The term "doctor," as used in N.D.C.C. § 65-05-12, i