Requesting Public Records

Public Records

State Board of Higher Education Policy 311/Public Records states the following:

Except as otherwise specifically provided by law, all records of the State Board of Higher Education, the North Dakota University System and its institutions are, pursuant to N.D.C.C. Section 44-04-18, public records, open and accessible for inspection during regular office hours.

Requesting Public Records

Dickinson State University is committed to complying with all NDUS policies and North Dakota regulations that pertain to public records. The public records request process will be conducted as follows:

  1. To request access to a public record, please email orr@dickinsonstate.edu. You will receive a response with an assigned request number pursuant to your request. Please ensure your request is specific and that it is reasonable.
  2. The processor will begin contacting departments, schools, offices, or programs that may have the records you are requesting. At that time, those identified units will provide an estimated time to complete the request.
  3. The processor will contact you regarding the responsiveness of records pertaining to your request and provide you with an estimate on fulfilling the request. The estimate may include, and is not limited to, the estimated cost for redaction. It is the responsibility of the requestor to pay for any time at the expressed statutory rate in excess of one hour, to pay for copies of the records at the institutional print or copy rates up to twenty-five cents per copy, and to pay for any redaction or editing in compliance with state law and Federal policies such as FERPA or HIPPA. Dickinson State University may require payment prior to beginning the work toward fulfilling the request.
  4. As the requestor, you will need to agree to pay for the as requested. You may make the payment by contacting the DSU Business Office at 701-502-4392 or accounting@dickinsonstate.edu.
  5. The processor will begin fulfilling your request. It may be fulfilled electronically or in hard copy if a compelling reason is provided for the records to be in copy or print form. Please note that any hard copy records will also be subject to the cost of printing or copying.
  6. If records require redaction or editing to comply with policies or regulations, they will be sent to a third-party service. This service will complete the redaction in compliance with North Dakota and Federal Regulations. The cost of the redaction will be the requestor's responsibility.
  7. Once the records are ready for distribution, the requestor will be sent a final invoice. The requestor will make a final payment by contacting the DSU Business Office at 701-502-4392 or accounting@dickinsonstate.edu.
  8. Upon confirmation of payment, records will be distributed to the requestor. Unless there is a compelling reason for records to be hard copies, it is presumed that most will be fulfilled digitally to maximize the use of state resources.

Please note that during this process, you may be asked to clarify the types of records you are seeking. You may also encounter a response in which there are no responsive records pertaining to your request.

Excessive or Disruptive Requests

According to North Dakota Century Code 44-04-18(13):

If repeated requests for records disrupt other essential functions of the public entity, the public entity may refuse to permit inspection of the records or provide copies of the records. A public entity refusing to provide access or copies of public records under this section shall state in writing the reasons supporting the refusal and provide the reasoning to the requester.

If you disagree with a decision, in accordance with N.D.C.C. 44-04-18(13), you (the requester) may seek an attorney general's opinion under section 44-04-21.1 on whether DSU’s (the public entity's) decision was proper.

Records Management

In turn, the NDUS Records Management Program is responsible for the efficient and systematic control of the creation, receipt, maintenance, use, and disposition of records required in the operation of a state agency.  This includes determining retention, selecting the appropriate medium, choosing the best storage location, and selecting the best filing system for the records.

The state’s Records Management Program is led by officials at ND IT. The general retention schedule for the institutions of the NDUS can be found here: https://apps.nd.gov/itd/recmgmt/rm/recSer/retention.pdf

Additional Important Websites 

North Dakota Attorney General | Requesting Public Records (nd.gov)

North Dakota University System | Public Records (ndus.edu)