Certain records relating to claims against the state or state employees privileged and exempt from open records law
N.D. Cent. Code § 32-12.2-11
in effect32-12.2-11. Certain records relating to claims against the state or state employees
privileged and exempt from open records law.
1. The following records in the possession of the office of management and budget or a
public entity are privileged and exempt and are not subject to section 44-04-18 or
section 6 of article XI of the Constitution of North Dakota:
a. Records containing information relating to that portion of the funds or liability
reserves of the risk management fund established for the purpose of satisfying a
specific pending or reasonably predictable claim against the state or a state
employee; and
b. Incident reports, investigation reports, or other risk management fund records of a
pending or reasonably predictable claim against the state or a state employee.
2. The office of management and budget shall make available for public disclosure
records identified in subsection 1 when disclosure of the record will not prejudice any
outstanding claim or reasonably predictable claim against the state or a state
employee, all civil litigation or adversarial administrative proceedings, including the
exhaustion of all appellate remedies, have been completed, and, in the case of
reasonably predictable claims, the applicable statute of limitations has expired.
3. Any party to an action against the state or a state employee acting within the scope of
employment as defined in this chapter shall comply with applicable rules of civil
procedure when requesting documents or other information in the possession or
control of the state.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c12-2.pdf#nameddest=32-12p2-11Fetched: 10/16/2026