How to File a Public Records Request in North Dakota
North Dakota's open records framework is anchored directly in the state constitution, which was amended in 1977 to declare that all records of public or governmental bodies — including any entity supported in whole or in part by public funds — shall be public records, open and accessible during reasonable office hours. The implementing statute, N.D.C.C. § 44-04-18, broadly defines 'record' as any recorded information in the possession of a public entity that relates to public business. Requests may be made by anyone, in any medium, without giving a reason. North Dakota does not set a fixed response deadline; agencies must respond within a 'reasonable time,' which depends on the scope and complexity of the request. All records are presumed open unless a specific statutory exemption applies — the burden is on the agency to justify withholding, not on the requester to justify access.
The North Dakota Open Records Law
- Statutory Citation
- North Dakota Century Code § 44-04-18 (and related sections through § 44-04-18.32); N.D. Const. art. XI, § 6
- Response Deadline
- reasonable time
- Fee Provisions
- Agencies may charge up to $0.25 per page for standard letter or legal-size copies. The first hour of locating and retrieving records — including electronic records — is free. After the first hour, agencies may charge up to $25 per hour for locating records and an additional $25 per hour (after the first hour) for redacting exempt or confidential material. Electronic copies must be provided at no cost beyond actual reproduction expenses. Agencies may require payment of estimated charges in advance. N.D.C.C. § 44-04-18.
- Key Exemptions
- North Dakota law presumes all records open, but dozens of specific statutory exemptions apply. Major categories include: 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), medical and health records, 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 security plans. Exemptions must be based on specific statutory authority; no general balancing test applies.
- Appeal Process
- If a request is denied, the requester may ask the agency to put the denial in writing with the specific statutory authority cited. Any interested person may then request an Attorney General's opinion under N.D.C.C. § 44-04-21.1, which must be filed within 30 days of the alleged violation. If the AG finds a violation occurred, the public entity has seven days to disclose the record. If it fails to comply and the requester prevails in a subsequent civil action under § 44-04-21.2, the requester must be awarded costs and reasonable attorney's fees. Damages up to $1,000 (or actual damages, whichever is greater) may be awarded for intentional violations. A public servant who knowingly violates the law is guilty of a class A misdemeanor under § 44-04-21.3.
- Ombudsman
- North Dakota does not have a dedicated public records ombudsman. The North Dakota Attorney General's Office serves as the primary enforcement and advisory body, issuing opinions on alleged violations and providing guidance to both requesters and agencies.
City FOIA Guides in North Dakota
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in North Dakota?
If you're dealing with missing records or unresponsive agencies in North Dakota, Project Paper Trail can help you follow the paper trail on development approvals.
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