Citations
North Dakota Statute 44.04, 18
(http://www.legis.nd.gov/cencode/t44c04.pdf?20140929100451)
Exemptions to Disclosure
Exempt records include:
- Trade secrets, proprietary, commercial, and financial information;
- Computer software programs;
- Library, archive, and museum collections, for up to 20 years after the death of the donor, per donor’s wishes;
- Attorney work product
Access Rights
Agency can charge 25 cents per copy for regular copies; and up to $25/hour for search time, excluding the first hour.
Destruction of Public Records
ND Records Management Act 54-46-07.
All records made or received by or under the authority of or coming into the custody, control, or possession of public officials of this state in the course of their public duties are the property of the state and may not be mutilated, destroyed, transferred, removed, sold, or otherwise damaged or disposed of, in whole or in part, except as provided by law. Each state agency and political subdivision of this state shall notify the state records management administrator of unlawful actions affecting records. Public records that have been unlawfully removed must be returned to the office of origin or to the state archivist. (Note that the definition of a “record” is broad, and includes anything made or received pursuant to law or in connection with the transaction of official business.)
