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2018 Op. N.D. Att'y Gen. 1 (2018)

handle is hein.sag/sagnd0097 and id is 1 raw text is: OPEN RECORDS AND MEETINGS OPINION 2018-0-01 DATE ISSUED: January 30, 2018 ISSUED TO: Morton County Sheriff's Department CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from S. Paul Jordan asking whether the Morton County Sheriff's Department violated N.D.C.C. § 44-04-18 by charging excessive fees for records. FACTS PRESENTED On November 7, 2017, Mr. S. Paul Jordan sent a request for records to Sheriff Kyle Kirchmeier, Morton County Sheriff's Department, asking for certain arrest, detention, and confinement records.' A response from the Sheriff's Department was sent on November 13, 2017, explaining what records were available and ready for pickup, and the charge of $30 associated with responding to the request.2 ISSUE Whether the Morton County Sheriff's Department charged excessive fees in responding to an open records request.3 ANALYSIS Section 44-04-18, N.D.C.C., contains the general laws outlining what a public entity may charge for responding to an open records request. However, the general laws do not apply to copies of public records for which a different fee is specifically provided by 1 Letter from S. Paul Jordan to Kyle Kirchmeier, Sheriff, Morton Cnty. Sheriff's Dep't (Nov. 7, 2017). 2 Response from Morton Cnty. Sheriff's Dep't to S. Paul Jordan (Nov. 13, 2017). 3 Mr. Jordan further alleges Morton Cnty. violated the open records law by not providing a detailed breakdown of the charges associated with responding to his request. However, there is no such requirement in the open records law, N.D.C.C. ch. 44-04.

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