AGO 81-008.

• Case Date: February 05, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-008. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 81-8Date Issued: February 5, 1981 (AGO 81-8) Requested by: Lloyd F. Zander, Commissioner of Veterans Affairs- QUESTION PRESENTED - Whether the North Dakota Commissioner of Veterans Affairs has authority to authorize the release of information and records on file with the Department of Veterans Affairs pertaining to a particular veteran.- ATTORNEY GENERAL'S OPINION - It is my opinion that all records maintained by the Department of Veterans Affairs are subject to the open records law of section 44-04-1 8, N.D.C.C., except for that information and those records identified as confidential by section 37-18-11, N.D.C.C. - ANALYSIS - Section 44-04-18 of the North Dakota Century Code states as follows:

44-04-18. ACCESS TO PUBLIC RECORDS - PENALTY.

1. Except as otherwise specifically provided by law, all records of public or governmental bodies, boards, bureaus, commissions or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be public records, open and accessible for inspection during reasonable office hours.

2. Violations of this section shall be punishable as an infraction.

This law is applicable to the records maintained by all governmental bodies and agencies except where North Dakota law or federal law specifically exempt the release of the information or record in question. With respect to the question posed by your letter, your attention is directed to Section 37-18-11, N.D.C.C., which provides a list of those records and that information which is to be maintained by the Department of Veterans Affairs in strict confidence. These may not be released to the general public. Subsections 1, 2, 3, 4, and 10 of section 37-18-11, N.D.C.C. are on point with regard to the lawful exceptions to section 44-04-18, N.D.C.C. The types of reports, information, and records described by these subsections, which are repeated below for your consideration, are those types of records and papers which cannot be released pursuant to the open records law of this state.

1. All records and papers of the department are to be utilized in the manner to best serve the public interest, but

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