Records and Information Management

Special Points of Interest:

 

¨  ND Open Records Law

¨  Annual File Generation

¨  Reminders and Tips

¨  Correspondence Records

¨  Stay Connected

¨  Color-Coded End Tab Files

¨  Anti-Spyware Bill

¨  Identity Theft on Rise

 

Newsletter

University of North Dakota School of Medicine and Health Sciences

North Dakota law provides that all public records are open records unless there is a specific statutory exemption of a particular type of record.  Article XI, Section 6 of the North Dakota Constitution provides:

Unless otherwise 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.

One example of an exemption to this law is that of student education records.  They are confidential and access to those records is restricted according to the Family Educational Rights and Privacy Act of 1974, as amended (FERPA).

 

Any individual can request records and the purpose of the request need not be given.  However, a request must reasonably identify existing records and the University of North Dakota (UND) does not have to create or compile a record that does not exist.  A request for public records can be made in any manner - in person, by mail, e-mail, fax, or by phone.  UND must respond to the request within a reasonable time, either by providing the requested record or by explaining the legal authority for denying all or part of the request. 

The portion of subsection 6 of section 1912 of the North Dakota University System policies referring to costs states:

 

A fee for allowing access to documents may not be assessed; however, each institution shall establish and collect a fee to cover reasonable copying costs, including reasonable costs of computer generated documents.  The fee for standard paper copies may not exceed twenty-five cents per copy as provided under [North Dakota Century Code] section 44-04-18.  A fee not to exceed twenty-five dollars per hour, excluding the first hour, may be charged per request for locating records if locating the records requires more than one hour or for excising confidential or closed material if excising the material requires more than one hour.  Access to electronically stored records is free if the records are recoverable without the use of a computer backup; if a request is made for access to a record on a backup or for a copy of an electronically stored record, an additional reasonable fee may be charged to cover costs attributable to the use of information technology resources.

 

Please direct inquiries regarding open records requests and applicable charges to the Office of General Counsel.