North Dakota AG Opinions, 1990

N.D.A.G. Letter to Clapp (Dec. 28, 1990) December 28, 1990 Ms. Sonja Clapp Assistant State's Attorney Grand Forks County Courthouse P.O. Box 607 Grand Forks, ND 58206-0607 FAX 701-224-2226 Dear Clapp: Thank you for your December 6, 1990, letter regarding N.D.C.C. § 14-09-08.2. You ask if the state's attorney's office has any duties or obligations with regard to this section. You enclose with your inquiry a copy of an "Affidavit of Custodial Parent and Order," which you indicate is provided by the office of the clerk of district court for the convenience of a custodial parent. N.D.C.C

N.D.A.G. Letter to Rohrich (Dec. 20, 1990) December 20, 1990 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your November 16, 1990, letter, wherein you inquire whether a purchaser of land from the State of North Dakota, acting through the Commissioner of University and School Lands, is subject to the payment of taxes on the land which became delinquent prior to foreclosure by the Bank of North Dakota. Your letter states that the mortgage in question was foreclosed on real estate which was owned by Gary S. Gefroh, Route 1,

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-31 Date issued: December 14, 1990 Requested by: Richard J. Backes, Director North Dakota Department of Transportation - QUESTION PRESENTED - Whether a city is required to vacate the streets comprising the intersection to construct a grade separation and eliminate traffic turning movements at the junction of two city streets. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city is not required to vacate the streets comprising the intersection when there is construction of a grade separation and elimination of t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-30 Date issued: December 11, 1990 Requested by: Tom P. Slorby Ward County State's Attorney - QUESTIONS PRESENTED - I. Whether an unsatisfied money judgment for liability for child support obtained under N.D.C.C. ' 14-08.1-01 may be enforced by an income withholding order. II. Whether the immediate income withholding procedures or the income withholding procedures attendant upon delinquent child support payments should be appli

N.D.A.G. Letter to Howard (Nov. 2 9, 1990) November 29, 1990 Representative John M. Howard District 14 295 First Street N Carrington, ND 58421 Dear Representative Howard: Thank you for your November 14, 1990, letter requesting my opinion concerning an exchange of property between two residents in different school districts. Proceedings for an exchange of property conducted under North Dakota Century Code § 15-27.2-02 must comply with the other provisions of N.D.C.C. ch. 15-27.2 unless a different requirement applies under N.D.C.C. § 15-27.2-02. N.D.C.C. § 15-27.2-01 provides that u

N.D.A.G. Letter to Slorby (Nov. 28, 1990) November 28, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your October 25, 1990 letter requesting my opinion concerning the authority of state agencies and the Governor to declare a moratorium on the disposal of solid waste. For the reasons stated below, it is my opinion that the Governor may issue a moratorium if an emergency is declared under N.D.C.C. ch. 37-17.1, the North Dakota Disaster Act of 1985. However, no state agency, including the Department of Health and

N.D.A.G. Letter to Ring (Nov. 28, 1990) November 28, 1990 Honorable Jennifer Ring District 42 Representative 2421 University Avenue Grand Forks, ND 58201 Dear Representative Ring: Thank you for your November 2, 1990, letter requesting an opinion regarding the applicability of North Dakota's open meetings law to the Judicial Branch of the University of North Dakota (hereafter UND) Student Senate. You also ask whether the president of UND has the authority to determine whether the Honors program is a major academic division of UND for purposes of determ

N.D.A.G. Letter to Ring (Nov. 28, 1990) November 28, 1990 Honorable Jennifer Ring District 42 Representative 2421 University Avenue Grand Forks, ND 58201 Dear Representative Ring: Thank you for your November 2, 1990, letter requesting an opinion regarding the applicability of North Dakota's open meetings law to the Judicial Branch of the University of North Dakota (hereafter UND) Student Senate. You also ask whether the president of UND has the authority to determine whether the Honors program is a major academic division of UND for purposes of determ

N.D.A.G. Letter to Slorby (Nov. 19, 1990) November 19, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your October 25, 1990, letter concerning the seal of Ward County and its resemblance to the Great Seal of the State of North Dakota. N.D.C.C. § 11-11-09 states that the board of county commissioners shall design a county seal "with such emblems and devices as it may think proper." There is nothing in this statute addressing the resemblance of a county seal to the state's Great Seal. N.D.C.C. § 54-02-01 discusse

N.D.A.G. Letter to Sanstead (Nov. 19, 1990) November 19, 1990 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your October 8, 1990, letter concerning the responsibility of a school board to make arrangements for the education of a student expelled from that board's school system under N.D.C.C. § 15-29-08(13), and whether those responsibilities are different if the student is not between the ages in the compulsory attendance law. The North Dakota Constitution provides that

N.D.A.G. Letter to Hanson (Nov. 19, 1990) November 19, 1990 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your August 27, 1990, letter concerning the authority of the State Treasurer to (1) order North Dakota licensed beer and liquor wholesalers to stop selling alcoholic beverages to any retail outlet when that outlet is in violation of law or rules of the state or federal government, and (2) suspend or revoke a North Dakota licensed wholesalers license for selling to such an outlet after being order

N.D.A.G. Letter to Rolfson (Nov. 16, 1990) November 16, 1990 Mr. Calvin N. Rolfson Special Assistant Attorney General North Dakota Board of Nursing P.O. Box 2196 Bismarck, ND 58502-2196 Dear Mr. Rolfson: Thank you for your August 7, 1990, letter in which you request my opinion on the question of whether the Board of Nursing (hereafter the Board) currently has the authority to promulgate administrative rules authorizing limited autonomous prescription practices for certain registered nurse licensees of the Board. The Board administers and enforces statutes concerning the practice of nu

N.D.A.G. Letter to Manbeck (Nov. 13, 1990) November 13, 1990 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your October 19, 1990, letter, in which you inquired: 1) whether N.D.C.C. § 61-21-43.1 applies to assessment drains only or to all drains; 2) whether allowing a drain to silt in to the point of totally obstructing the drain over a period of years constitutes a negligent act or omission of a landowner or the landowner's tenant; and 3) whether any person or entity, other than the landowner, has standing to question

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-29 Date issued: November 13, 1990 Requested by: R. Jon Fitzner Valley City City Attorney - QUESTIONS PRESENTED - I. Whether a park district may adopt an ordinance pertaining to the use or possession of alcoholic beverages which may be contrary to a municipal ordinance on the same subject matter. II. Whether a municipality may adopt an ordinance prohibiting the use of alcoholic beverages in parks owned by a park dis

N.D.A.G. Letter to Neumann (Nov. 8, 1990) November 8, 1990 Mr. Dennis Neumann, Director Centennial Trees Program North Dakota Centennial Commission State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Neumann: Thank you for your October 19, 1990, letter requesting my opinion on the proper deposit of the centennial tree program trust fund, and whether interest earned on that fund inures to the benefit of the state general fund or to the trust fund itself. The special fund known as the centennial tree program trust fund was created by the Legislative Assembly in 1989.

N.D.A.G. Letter to Collins (Nov. 8, 1990) November 8, 1990 Mr. Sparb Collins Executive Director Public Employees Retirement System 400 East Broadway, Suite 505 P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your May 21, 1990, letter in which you request my opinion as to state and federal law with respect to credit for time spent in the military service under the Public Employees Retirement System (PERS). Specifically, you inquire whether the Public Employees Retirement System (hereafter PERS) is required to give credit to members for military service or allow for the

N.D.A.G. Letter to Thompson (Nov. 6, 1990) November 6, 1990 Rep. Kenneth N. Thompson District 39 P.O. Box 595 Beach, ND 58621 Dear Rep. Thompson: Thank you for your October 22, 1990, letter requesting clarification of apparently conflicting directives from the Teachers Fund for Retirement and the State Department of Public Instruction. In your letter you explain that the Teachers Fund for Retirement has required that all certified teachers working in the school district must contribute to the teacher's retirement fund, although they may not be technica

N.D.A.G. Letter to Sagsveen (Nov. 5, 1990) November 5, 1990 Murray G. Sagsveen COL, JAGC, NDARNG Staff Judge Advocate Office of the Adjutant General P.O. Box 5511 Bismarck, ND 58502-5511 Dear Colonel Sagsveen: Thank you for your October 22, 1990, letter concerning paid military leave for members of the North Dakota National Guard. Your request for an opinion raises two issues under the provisions of N.D.C.C. § 37-01-25 granting to public service employees certain leave advantages when ordered by appropriate authority to active noncivilian employment. You first ask

N.D.A.G. Letter to Engmann (Nov. 5, 1990) November 5, 1990 Mr. Scott Engmann Executive Director ND Retirement and Investment Office P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your May 8, 1990, letter. You ask whether a retired superintendent of schools employed by a third party that contracts with a school district for the superintendent's services is subject to having retirement benefits discontinued under North Dakota Century Code (N.D.C.C.) § 15-39.1-19.1. You advise that the North Dakota School Board's Association (hereafter NDSBA)

N.D.A.G. Letter to Rayl (Oct. 31, 1990) October 31, 1990 Mr. R.L. Rayl Director Office of Management and Budget State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your September 6, 1990, letter concerning the appropriation from the State Aid Distribution Fund (hereafter Fund). You ask whether 1989 N.D. Sess. Laws ch. 3, § 13 reduced the original appropriation authority of $54,208,300 from the Fund. You also ask the amount the State Treasurer can distribute from the Fund - $54,208,300 or $52,058,300. You further ask whether the balance

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-28 Date issued: October 26, 1990 Requested by: Senator Adam Krauter District 35 - QUESTION PRESENTED - Whether upon restoration of spending authority the Superintendent of Public Instruction must make foundation aid payments under N.D.C.C. ch. 15-40.1 on a pro rata basis for both per-pupil aid and transportation aid as calculated under the chapter. - ATTORNEY GENERAL'S OPINION - It is my opinion that upon restoration of

N.D.A.G. Letter to Renner (Oct. 24, 1990) October 24, 1990 Mr. Jerry Renner Kidder County State's Attorney P.O. Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your October 2, 1990, letter asking whether the board of county commissioners or the board of township supervisors has jurisdiction to cause the removal of a fence and rubbish on a section line pursuant to the authority of N.D.C.C. §§ 24-06-29 and 24-06-30. N.D.C.C. §§ 24-06-29 and 24-06-30 provide for a remedy in the event that an individual violates the provisions of N.D.C.C. § 24-06-28, which

N.D.A.G. Letter to Knell (Oct. 23, 1990) October 23, 1990 Honorable Gary Knell District 33 Box 233 Hazen, ND 58545 Dear Representative Knell: Thank you for your recent letter requesting an opinion concerning N.D.C.C. § 16.1-12-03. Specifically, you inquire whether a person may seek nomination to more than one office at the same election. A member of my staff informs me that your concern is with a person running for the office of state's attorney as well as for the office of a member of the legislative assembly from a multi-county legislative district at the same election. In 1986, I is

N.D.A.G. Letter to Hoy (Oct. 23, 1990) October 23, 1990 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your April 12, 1990, letter requesting an opinion concerning a nonprofit corporation employing physicians and surgeons providing medical care within North Dakota. Your first question is whether North Dakota prohibits a nonprofit corporation from employing physicians and surgeons to provide medical care in North Dakota. You ask this question in light of N.D.C.C. § 43-17-34 which provides for a class B misde

N.D.A.G. Letter to Freed (Oct. 23, 1990) October 23, 1990 Mr. Robert A. Freed Stutsman County Assistant State's Attorney 511 2nd Avenue S.E. Jamestown, ND 58401 Dear Mr. Freed: Thank you for your October 1, 1990, letter concerning problems you have discovered in the incorporation of the city of Spiritwood Lake. According to your letter, the 1974 incorporation of the city of Spiritwood Lake is defective in several respects and is not in full compliance with statutory requirements. You ask for assistance and advice on how to proceed in resolving these compliance problems. Your letter in

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-27 Date issued: October 23, 1990 Requested by: Senator Jerry Meyer - QUESTION PRESENTED - Whether a teacher contribution to the Teachers' Fund for Retirement which is paid by the employer is part of salary for purposes of calculating the teacher's and the employer's statutory contribution to the Fund under N.D.C.C. ' 15-39.1-09. - ATTORNEY GENERAL'S OPINION - It is my opinion that a teacher contribution to the Tea

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-26 Date issued: October 23, 1990 Requested by: Sarah M. Vogel Commissioner of Agriculture - QUESTIONS PRESENTED - I. Whether the Commissioner of Agriculture has supervisory authority over the dairy commissioner. II. Whether the Commissioner of Agriculture may remove the dairy commissioner and, if so, whether cause is required. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that the Commissioner of Agriculture has supervisory

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-25 Date issued: October 16, 1990 Requested by: Robert G. Hoy Cass County State's Attorney - QUESTION PRESENTED - Whether N.D.C.C. ' 15-27.1-11 applies to any children other than those of a dissolved, nonoperating school district who were students at the time the district was attached to an operating school district. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. ' 15-27.1-11 does apply to certain chi

N.D.A.G. Letter to Clapp (Oct. 15, 1990) October 15, 1990 Ms. Sonya Clapp Assistant State's Attorney Grand Forks County P.O. Box 607 Grand Forks, ND 58206-0607 Dear Ms. Clapp: Thank you for your July 19, 1990, letter requesting my opinion of whether N.D.C.C. § 50-25.1-03 requires "protection workers" who are employees of a rape and abuse crisis center to report abuse. N.D.C.C. § 50-25.1-03 provides, in part: Any physician, nurse, dentist, optometrist, medical examiner or coroner, or any other medical or mental health professional, religious practitioner of the healing arts, school te

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-24 Date issued: October 8, 1990 Requested by: Representative Charles F. Mertens Chairman, North Dakota Legislative Council - QUESTIONS PRESENTED - I. Whether the Board of University and School Lands may use rental income from original grant lands to make in lieu of tax payments to political subdivisions. II. Whether the Legislative Assembly may require the Board of University and School Lands to use rental income from or

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-23 Date issued: October 5, 1990 Requested by: Layton Freborg, North Dakota Senate - QUESTION PRESENTED - Whether a county may issue an oil drilling permit, and if so, whether the permit may be conditioned to require the permittee to enter a road maintenance agreement. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county may not issue an oil drilling permit. - ANALYSIS - Chapter 11-33 gives broad zoning

N.D.A.G. Letter to Slorby (Oct. 4, 1990) October 4, 1990 Mr. Tom P. Slorby State's Attorney Ward County Minot, ND 58701 Dear Mr. Slorby: Thank you for your September 11, 1990, letter concerning the compensation of court appointed attorneys under the Soldiers' and Sailors' Civil Relief Act of 1940 (the Act) codified as 50 U.S.C. § 501 et seq. I agree with you that under section 520(1) it is mandatory that the court appoint an attorney to protect an enlisted person's interest when in any action or proceeding commenced in any court the plaintiff is seeking a default judgment against a no

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-22 Date issued: September 28, 1990 Requested by: Jim Kusler Secretary of State - QUESTION PRESENTED - Whether a vacancy in the office of a member of the Legislative Assembly, whose term will not expire this year, occurring less than 55 days prior to a general election may be filled at that general election. - ATTORNEY GENERAL'S OPINION - It is my opinion that a vacancy in the office of a member of the L

N.D.A.G. Letter to Wold (Sep. 27, 1990) September 27, 1990 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425-0541 Dear Mr. Wold: Thank you for your April 20, 1990, letter requesting my opinion on whether a register of deeds may record a faxed power of attorney. I apologize for the delay. For the following reasons, it is my opinion that a register of deeds may not record a faxed power of attorney. A register of deeds is a ministerial officer. Rising v. Dickinson , 121 NW 616, 617 (ND 1909). The authority of ministerial officers is to be strictly co

N.D.A.G. Letter to Myers (Sep. 27, 1990) September 27, 1990 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your September 14, 1990, letter inquiring whether the July 18, 1990, publication of the proposed Richland County home rule charter satisfies the requirements of N.D.C.C. § 11-09.1-03. According to your letter, the original draft of the Richland County home rule charter was published on July 8, 1990. The proposed draft was received by the Richland County commission on August 21

N.D.A.G. Letter to Larson (Sep. 27, 1990) September 27, 1990 Representative Rod Larson District 13 36 Park Drive West Fargo, ND 58078 Dear Representative Larson: Thank you for your September 12, 1990, letter asking whether a city lodging tax may be imposed and collected by a city if the city has not specifically designated a purpose for which the proceeds may be used. For the following reasons it is my opinion that a city lodging tax may be imposed and collected by a city if the city has not specifically designated a purpose for which the proceeds may be used. The city lodging tax whic

N.D.A.G. Letter to Sperry (Sep. 25, 1990) September 25, 1990 Mr. James Sperry State Historical Society State Heritage Center 612 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Sperry: Thank you for your letter of May 16, 1990, in which you request my opinion on whether the State Historical Society may be required by the State Auditor to pay audit fees of a private accounting firm retained by the State Auditor to conduct the audit of the State Historical Society. I apologize for the delay in responding. N.D.C.C. § 54-10-01(2) provides, in part, that the State Auditor shall "[b]e ves

N.D.A.G. Letter to Sanstead (Sep. 12, 1990) September 12, 1990 Honorable Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your June 14, 1990, letter concerning approval of rules you have prepared pursuant to 1989 N.D. Sess. Laws ch. 198 § 5(4). You requested a review of the rules pursuant to N.D.C.C. § 28-32-02, as well as response to three specific questions. My opinion concerning the legality of the rules pursuant to N.D.C.C. § 28-32-02 has been provided to you separately. Th

N.D.A.G. Letter to McBeth (Sep. 11, 1990) September 11, 1990 Mr. Ronald W. McBeth Assistant State's Attorney 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your letter of August 11, 1990, asking whether a county may lease a vehicle pursuant to N.D.C.C. § 24-02-03.3. N.D.C.C. § 24-02-03.3 provides for the management and maintenance of registered motor vehicles owned or leased by the state of North Dakota. It requires that all nonexempt state agencies use the system. The statute does not address the use of the system by the various po

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-21 Date issued: September 11, 1990 Requested by: Representative W. C. Skjerven - QUESTION PRESENTED - Whether a county job development authority may be the subject of an initiated home rule county ordinance pursuant to N.D.C.C. ' 11-09.1-05(5). - ATTORNEY GENERAL'S OPINION - It is my opinion that a county job development authority may be the subject of an initiated home rule county ordinance pursuant to N.D.C.C. '

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-20 Date issued: September 7, 1990 Requested by: Patricia L. Burke Burleigh County State's Attorney - QUESTIONS PRESENTED - I. Whether counties are obligated to fund social service programs under N.D.C.C. tit. 50 or related federal laws. II. Whether there is a limit to the extent to which counties are obligated to fund required social service programs. III. Whether the state of North Dakota is obligated to fund social s

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-19 Date issued: September 5, 1990 Requested by: Robert G. Hoy, Cass County State's Attorney - QUESTIONS PRESENTED - I. Whether a school district may charge an admission fee to cover part of its operating costs for extracurricular and noncurricular activities, such as athletics, when attendance at the activities is voluntary. II. Whether a school district may charge a participation fee, on a pro-rata basis, to those stu

N.D.A.G. Letter to Zink (Aug. 20, 1990) August 20, 1990 Mr. Laverne L. Zink Executive Secretary North Dakota State Board of Registration for Professional Engineers and Land Surveyors P.O. Box 1357 Bismarck, ND 58502 Dear Mr. Zink: Thank you for your July 25, 1990, letter in which you have requested my opinion concerning questions presented in a July 19, 1990, letter to you from Brian J. Rittenhouse, president of the North Dakota Society of Professional Land Surveyors. The July 19, 1990, letter enclosed various property diagrams which included disclaimers th

N.D.A.G. Letter to Preszler (Aug. 17, 1990) August 17, 1990 Mr. Gary Preszler Commissioner Department of Banking and Financial Institutions State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Preszler: Thank you for your June 7, 1990, letter requesting my opinion on the procedures that a receiver of a failed savings and loan association must follow in North Dakota. As you indicated in your letter, on August 9, 1989, the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) established the Resolution Trust Corporation (RTC). The RTC is a tempor

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-18 Date issued: August 16, 1990 Requested by: Terry Elhard McIntosh County State's Attorney - QUESTION PRESENTED - Whether, upon the expiration of the term of a water resource manager, the manager may be replaced without providing any notice of the reason for replacement or an opportunity for a hearing. - ATTORNEY GENERAL'S OPINION - It is my opinion that upon expiration of the term of a water resource manager, t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-17 Date issued: August 16, 1990 Requested by: David M. Crane, Hettinger County State's Attorney - QUESTION PRESENTED - Whether a school district's official newspaper must satisfy the requirements of N.D.C.C. ' 46-05-01. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school district's official newspaper need not satisfy the requirements of N.D.C.C. ' 46-05-01. - ANALYSIS - N.D.C.C. ' 46-05-01 sets forth qualificatio

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-16 Date issued: August 16, 1990 Requested by: Byron Knutson, North Dakota Commissioner of Labor - QUESTION PRESENTED - Whether a two year or a six year statute of limitations applies to a cause of action for the collection of wages when it includes claims for unpaid minimum wages, unpaid overtime compensation, liquidated damages, fees, damages, or penalties. - ATTORNEY GENERAL'S OPINION - It is my opinion that a