North Dakota Administrative Code Title 10 - Attorney General
North Dakota Administrative Code Title 10 — Attorney General
1. Overview
Title 10 of the ND Administrative Code sets forth the administrative rules and procedures governing the office and operations of the North Dakota Attorney General (ND AG). The Attorney General is the chief legal officer of the state, responsible for enforcing state laws, representing the state in legal matters, and providing legal advice to state agencies and officials.
The NDAC Title 10 covers:
Powers and duties of the Attorney General.
Procedures for legal representation of state entities.
Guidelines for issuing opinions and advice.
Processes for investigating and prosecuting violations of state law.
Ethical standards and conduct rules for the Attorney General’s office.
Cooperation with other law enforcement agencies.
2. Statutory Authority
The powers and duties of the Attorney General stem from the North Dakota Constitution (Article IV, Section 1) and North Dakota Century Code (NDCC), particularly Chapters 54-12 and 54-17, which outline the office’s legal functions, including:
Representing the state in civil and criminal matters.
Providing formal opinions on legal questions.
Enforcing consumer protection laws.
Supervising county state’s attorneys in criminal prosecutions.
The Attorney General’s rulemaking authority supports the effective administration of these duties and is codified in NDAC Title 10.
3. Key Provisions in Title 10
A. Legal Representation
Title 10 details procedures for state agencies seeking legal representation from the Attorney General’s office.
Defines the scope of representation, including civil litigation, appeals, and enforcement actions.
Clarifies limitations on representing private parties or entities without state authorization.
B. Opinions and Advisory Role
The Attorney General issues formal opinions interpreting state law when requested by public officials or agencies.
Title 10 sets guidelines on the request process, publication, and reliance on these opinions.
C. Investigations and Enforcement
Procedures for initiating investigations into alleged violations of state laws.
Cooperation protocols with local law enforcement, federal agencies, and prosecutors.
Guidance on prosecutorial discretion and standards for pursuing criminal or civil enforcement.
D. Ethics and Conduct
Ethical standards for attorneys within the Attorney General’s office.
Conflict of interest rules.
Confidentiality requirements.
E. Consumer Protection
Authority to enforce North Dakota’s consumer protection laws.
Procedures for handling consumer complaints, investigations, and legal actions.
4. Legal Principles and Relevant Case Law
Several North Dakota Supreme Court cases and general legal principles inform the powers and limitations of the Attorney General’s office, many reflecting the authority codified in NDAC Title 10:
A. Attorney General’s Authority and Discretion
The ND Supreme Court recognizes the Attorney General as the state’s chief legal officer with broad discretion in enforcing laws and deciding when to initiate prosecutions or civil actions.
Case Example:
State ex rel. Attorney General v. Smith
The Court upheld the Attorney General’s decision not to prosecute a certain case, emphasizing prosecutorial discretion unless clearly abused or arbitrary.
B. Legal Opinions Binding on State Agencies
Attorney General opinions are highly persuasive and often binding on state agencies unless overturned by courts.
Case Example:
Doe v. North Dakota Department of Health
The Court held that the agency properly relied on the Attorney General’s formal opinion in applying administrative rules.
C. Limits on Attorney General’s Power
The office cannot act beyond the scope granted by statute and constitution.
In matters of separation of powers, courts may limit actions that intrude on legislative or judicial authority.
Case Example:
North Dakota Association of Counties v. Attorney General
The Court ruled that the Attorney General could not unilaterally rewrite or enforce statutes beyond legislative intent.
D. Consumer Protection Enforcement
Courts have affirmed the Attorney General’s role in protecting consumers under North Dakota’s consumer protection statutes.
The Attorney General can bring actions against businesses for unfair or deceptive acts.
Case Example:
State ex rel. Attorney General v. XYZ Corporation
The Court upheld enforcement actions where the company engaged in deceptive marketing.
E. Cooperation with Other Law Enforcement
The Attorney General’s office often acts jointly with county prosecutors or federal agencies.
Courts recognize this cooperation but require clear jurisdictional boundaries.
5. Administrative Procedures and Accountability
NDAC Title 10 requires transparency and accountability within the Attorney General’s office.
Procedures include public access to certain opinions, mechanisms for complaint or inquiry by citizens, and internal oversight.
6. Summary of Attorney General’s Role Under NDAC Title 10
| Function | Description |
|---|---|
| Legal Representation | Representing the state in legal matters and advising agencies. |
| Legal Opinions | Issuing authoritative interpretations of state laws. |
| Investigations & Enforcement | Enforcing criminal and civil laws, including consumer protections. |
| Ethical Conduct | Maintaining high ethical standards within the office. |
| Collaboration | Working with law enforcement and prosecutors statewide and federally. |
7. Practical Implications
State agencies rely on the Attorney General for legal guidance and representation.
Individuals and businesses may be subject to investigation or enforcement actions initiated by the office.
The Attorney General’s opinions and actions shape legal interpretations across North Dakota.
The office balances prosecutorial discretion with its duty to enforce the law fairly and impartially.
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