Open Records

North Dakota’s public records law is the North Dakota Open Records Law, N.D.C.C. §§ 44-04-17.1 through 44-04-21.1 (implementing a constitutional open records provision for the judicial branch as well). By default, all records of a public entity are public, open, and accessible for inspection during reasonable office hours, unless a specific statutory exemption applies.

Who can request records

Any person may request records – no residency requirement. A public entity may not ask for the requester’s motive, reason, or identity as a condition of fulfilling the request. An initial request doesn’t need to be made in person or in writing – it can be made by phone, email, mail, or in person.

What’s covered

All records of a public entity, in essentially any form, unless specifically exempted by statute. As public entities increase reliance on electronic recordkeeping, they must provide reasonable public access to those records electronically, and can’t enter into a database contract that impairs the public’s ability to inspect or copy records. An electronic copy of a record must be provided at no cost beyond actual reproduction expenses, when requested.

How to request

A public entity may require written clarification to determine exactly what’s being requested, but cannot demand a stated reason or purpose. If a requester submits 5 or more requests within 7 days, the entity may treat them as a single combined request for timing purposes.

Response timeline

North Dakota does NOT specify a fixed statutory response deadline – the entity must respond within a “reasonable time,” either by providing the records or citing the legal authority for denial. What counts as reasonable depends on the scope and complexity of the request; the North Dakota Attorney General’s office has found delays unreasonable in specific cases even when the entity was actively working on a large request but failed to communicate with the requester.

Fees

– The first hour of locating records (including electronic records) is free. – Beyond that first hour, up to $25/hour for locating records, and a separate up-to-$25/hour charge for excising (redacting) confidential or closed material. – Standard paper copies (up to 8.5″x14″): up to $0.25/impression. – Non-paper copies: a “reasonable fee” equal to the actual cost of making the copy, including labor, materials, and equipment. – Actual postage cost applies if mailing. – Payment may be required in advance, and an entity can withhold records until any outstanding balance from a prior request is paid.

Exemptions

North Dakota has dozens of specific statutory exemptions scattered across the Century Code, including personnel files and private employee information (§ 44-04-18.1), law enforcement intelligence and investigative files (§ 44-04-18.7), attorney-client communications and active litigation records (§ 44-04-19.1), financial account numbers (§ 44-04-18.9), domestic violence victim information (§ 44-04-18.20), trade secrets and confidential commercial information (§ 44-04-18.4), and cybersecurity/critical infrastructure records.

If your request is denied

A requester can seek an Attorney General’s opinion on whether a denial was lawful – these opinions are a distinctive North Dakota feature and are compiled in the AG’s published Open Records Manual. A requester can also pursue the matter in district court.

A note on terminology

North Dakota’s law is officially the “North Dakota Open Records Law” – the same basic type of law that other states call a “Freedom of Information Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).