State agency loss control committee records and meetings privileged and exempt from open records and open meetings law
N.D. Cent. Code § 32-12.2-12
in effect32-12.2-12. State agency loss control committee records and meetings privileged and
exempt from open records and open meetings law.
The records of any state agency loss control committee addressing any pending or
reasonably predictable claim are exempt from section 44-04-18 and are not open records under
section 6 of article XI of the Constitution of North Dakota unless the director of the office of
management and budget determines disclosure will not prejudice any pending or reasonably
predictable claim and the meetings of any loss control committee of a governing body are not
public meetings subject to section 44-04-19 and section 5 of article XI of the Constitution of
North Dakota. The records and communications at meetings of the committee regarding any
pending or reasonably predictable claim are privileged and are not subject to subpoena or
discovery or introduction into evidence in any civil action. The records of the committee include
all information, data, reports, or records created by or made available to the committee. Any
information, data, report, or record otherwise available from original sources is not confidential
or immune from discovery or use in any civil action merely because it was presented or
considered during the proceedings of the committee. A person who testified before the
committee or who is a member of the committee may testify as to matters within that person's
knowledge but may not be asked about the records of, the testimony before, or the discussions
of the committee. This section does not relieve any person of any liability incurred as a result of
actions reviewed by the committee.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c12-2.pdf#nameddest=32-12p2-12Fetched: 10/16/2026