North Dakota FOIA procedures

North Dakota FOIA procedures
FOIA laws in North Dakota
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in North Dakota as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in North Dakota

Requests for public records of public agencies must be made directly to the agency in question. Any medium, such as email, in-person, or over the phone, can be used to make the request.

Purpose and use

North Dakota law does not require a statement of purpose for records requests and places no restrictions on the use of records. North Dakota Century Code 44-04-18(2) states:

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A public entity may[...] not ask for the motive or reason for requesting the records.

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Who may request public records?

See also: List of who can make public record requests by state

North Dakota law states that anyone may request public records. North Dakota is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

North Dakota law allows fees to be charged for cost of duplication, labor, and use of equipment. North Dakota Century Code 44-04-18(2) states:

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A public entity may charge up to twenty-five cents per impression of a paper copy. As used in this section, "paper copy" means a one-sided or two-sided duplicated copy of a size not more than eight and one-half by fourteen inches [19.05 by 35.56 centimeters]. For any copy of a record that is not a paper copy as defined in this section, the public entity may charge a reasonable fee for making the copy. As used in this section, "reasonable fee" means the actual cost to the public entity of making the copy, including labor, materials, and equipment. The entity may charge for the actual cost of postage to mail a copy of a record. An entity may require payment before locating, redacting, making, or mailing the copy. The public entity may withhold records pursuant to a request until such time as a requester provides payment for any outstanding balance for prior requests. An entity may impose a fee not exceeding twenty-five dollars per hour per request, excluding the initial hour, for locating records, including electronic records, if locating the records requires more than one hour. An entity may impose a fee not exceeding twenty-five dollars per hour per request, excluding the initial hour, for excising confidential or closed material under section 44-04-18.10 from the records, including electronic records. If a public entity receives five or more requests from the same requester within seven days, the public entity may treat the requests as one request in computing the time it takes to locate and excise the records. If the entity is not authorized to use the fees to cover the cost of providing or mailing the copy, or both, or if a copy machine is not readily available, the entity may make arrangements for the copy to be provided or mailed, or both, by another entity, public or private, and the requester shall pay the fee to that other entity. This subsection does not apply to copies of public records for which a different fee is specifically provided by law.

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Response time

See also: Request response times by state

North Dakota law does not specify response times. North Dakota's Office of the Attorney General Open Records Guide says:

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The public entity must respond to a record request within a reasonable time, by either providing the record or explaining the legal authority for denying all or part of the request. What is “reasonable” depends on a number of factors, including the scope and type of records requested.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

North Dakota law exempts certain types of records from public access. North Dakota's Office of the Attorney General Open Records Guide provides a list of records exempted within the Public Records Law and in other statutes:

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EXEMPT: MAY be withheld at the discretion of the public entity Home address, home & cell phone numbers, employee ID number, driver’s license number, dependent information and emergency contact of public employees § 44-04-18.1(2), or individuals licensed by a state occupational/professional board, association, agency, or commission § 44-04-18.1(4). Personal financial information of public employees used for payroll purposes and the type of leave taken or accrued (the amount of leave taken and dates taken is open) § 44-04-18.1. Active criminal intelligence, criminal investigative information, officer training materials, information that may impact officer safety § 44-04-18.7, the work schedule of employees of a law enforcement agency § 44-04-18.3(3); records relating to background interviews of law enforcement applicants § 44-04-18.31. Homicide or sex crime scene images or any image of a minor victim of a crime § 44-04-18.7(8). Address, phone number, identifying information that could be used to locate or identify a victim/ alleged victim of domestic violence, human trafficking, a sex offense, or a sexual performance by a child § 44-04-18.20. Law enforcement records containing an individual’s personal information, including driver’s license number, day/month of birth (the year of birth is open), home street address (the city, state, zip is open), height, weight, home and personal cell phone numbers, and medical information § 44-04-18.7. NOTE: If a victim has asserted Marsy’s law: the complete home and employment address or location, email address, and any other contact information for the victim or a member of the victim’s family is also protected. This information may be contained in digital media such as audio, video, or images, or in witness statements. Address, phone number, place of employment or other information in records of a criminal justice agency, correctional facility or the DOCR that could be used to locate the victim or witness to a crime § 12.1-34-02(11). Financial account numbers § 44-04-18.9. Communications between a legislator and a public employee or official § 44-04-18.6. E-mail address/phone number of an individual provided for purposes of communicating with a public entity, except this exemption cannot be used to shield the person’s identity § 44-04-18.21. Interviews/statements of child victims or witnesses obtained during an investigation of a violent crime or sex offense § 12.1-35-03(2). Driver’s license number, phone, day/month of birth, and insurance information from a motor vehicle accident report form, except it is open to the parties involved or their insurers § 39-08-13(4). Records related to the name and medical condition of an individual and treatment provided by a public entity during an emergency medical response § 44-04-18.22. Recordings of 911 calls and related responses, except a person may listen to, or obtain written transcript of, the recordings § 57-40.6-07(4). Body camera images taken in a private place by law enforcement or firefighter § 44-04-18.7. Records relating to the internal investigation of a complaint of misconduct by an entity or employee, but only until the investigation is complete or for 75 days, whichever is first, then it is open § 44-04-18.1. Attorney work product § 44-04-19.1(1). Security system plans, critical infrastructure information vital to maintaining public safety, security, or health; § 44-04-24; public health & security response plans § 44-04-24, § 44-04-25, records relating to cyberthreats, or security, disaster, or emergency threat assessments, mitigation, responses, or recovery, of public facilities or critical infrastructure § 44-04-18.4. Bids/proposals in response to an RFP, but only until all proposals opened/presentations heard, after which it is open § 44-04-18.4(6). Personal information of applicants/recipients of economic assistance programs administered under division of community services or a community action agency § 44-04-18.19. Records revealing negotiating strategy and draft agreements subject to negotiations, but only as long as release would have an adverse fiscal effect on the entity § 44-04-19.2. Settlement agreements between a public entity and another party, until fully executed and accepted by all parties § 44-04-19.1. Private donor and prospective donor personal and financial information. § 44-04-18.15. Title IX complaint and investigation records § 44-04-18.28. Risk Management records of claims against the state/employee § 32-12.2-11(1) & state agency loss control committee records § 32-12.2-12. CONFIDENTIAL: CANNOT be released Social Security number § 44-04-28; Phone number & home address of prosecutors, supreme court justices, district court judges, judicial referees, juvenile court directors or probation officers, employees of law enforcement agencies, state or local correctional facilities, and DOCR (the home address included in a GIS system or property tax records is also confidential but only if the individual or their employer submits a written request, renewed annually); records or other information that would reveal the identity, or endanger the life or physical well-being, of an undercover officer; § 44-04-18.3; Public employee medical treatment records §44-52.1-12,  §44-04-18.1(1), Ch. 23-01.3; patient records at university system medical centers or public health authority §44-04-18.16; Employee Assistance program records §44-04-18.1(1); HIPAA may prohibit release of health information from other sources. Criminal history records §12-60-16.5, §12-60-16.6. These may be obtained only from BCI. Identifying information of a living child victim or witness of a crime, except in the case of traffic accident or victim of fire §12.1-35-03; Names of persons injured or deceased, but only until law enforcement has notified the next of kin or for 24 hours, whichever occurs first, then the information is open §39-08-10.1; Autopsy photographs, images, audio/video recordings, working papers, notes, except the final report of death, which becomes open eight days after it is finalized §44-04-18.18, §23-01-05.5; Income, and sales & use tax returns and information §57-38-57, §57-39.2-23; Trade secret, proprietary, commercial & financial information, if it is of a privileged nature and has not yet been publicly disclosed; research records of the universities and colleges under the SBHE; §44-04-18.4; Electronic security codes and passwords §44-04-27; Fire investigations until the investigation is completed, then it is open §44-04-30(1); WSI employer files, except a Safety Grant recipient’s name & amount awarded is open §65-04-15; Foster care records §50-11-05; Law enforcement & correctional facility records of delinquent, unruly, or deprived child §27-20-52(1).

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See also

• Freedom of Information Act

External links

• North Dakota Statutes
• North Dakota Open Records Guide
• North Dakota State Archives