Open Records Laws › United States › North Dakota

North Dakota

North Dakota Open Records Law

N.D.C.C. § 44-04-18; N.D. Const., art. XI, § 6

Open Records Transparency: 67/100 (good) Transparency Score: 67/100

Response Timeline

No fixed statutory response deadline. Records must be made available during regular office hours. The AG opinion process has defined timelines (30 days for AG opinion, 60 days for civil action after AG opinion).

No residency requirement. Any person may request records.

How to Submit a Request

Accepted Methods

  • Written — Email, mail, or agency form
  • In person — Inspection during regular office hours
  • Verbal — Oral requests permitted

No specific format required. Requests should identify the records sought with reasonable specificity. No requirement to state purpose of request.

Required Elements

  • Description of records sought
  • Contact information for response

Optional Elements

  • Preferred format (paper vs electronic)
  • Preferred delivery method

Fees

$0.25 per page for paper copies. Reasonable fee for other formats. $25/hr for search and redaction time after the first hour free. Actual cost for IT services. In-person inspection is free.

Fee Waivers

  • In-person inspection is always free
  • First hour of search and redaction time is free

In-person inspection is free. First hour of search and redaction is free. No explicit public interest waiver provision.

Exemptions

  • Trade secrets and proprietary information (§44-04-18.4)
  • Personnel records, medical records, and Social Security numbers (§44-04-18.1)
  • Attorney-client privilege and pending litigation work product (§44-04-18.2)
  • Adoption records (§14-15-16)

North Dakota has a constitutional open records provision (art. XI, § 6, added 1994) in addition to statutory provisions. The constitutional provision creates a strong presumption of openness. Exemptions must be narrowly construed.

Appeal Process

1

1

Request AG opinion within 30 days of denial (§44-04-21.1). AG issues written opinion.

2

2

File civil action within 60 days after AG opinion (§44-04-21.2). Court reviews de novo.

AG opinion process is the primary administrative remedy. AG must respond within 30 days. If the AG finds a violation, attorney fees are mandatory. Civil action in district court is available within 60 days of AG opinion.

Request Templates

NFOIC North Dakota Sample Request →

National Freedom of Information Coalition

RCFP Open Government Guide - North Dakota →

Reporters Committee for Freedom of the Press

MuckRock North Dakota Guide →

MuckRock

Records Retention

Retention Law
Records Management Act
Authority
North Dakota Information Technology Department

NDCC Ch. 54-46

View retention law →

Retention schedule catalog →

NDCC 54-46 established a records management framework with the State Records Administrator under the Office of Management and Budget. The State Archives at the State Historical Society of North Dakota serves as the permanent repository for government records of historical value.

Sources & References