Attorney General’s office finds RIO did not violate open records law

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Attorney General Drew Wrigley
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Dec 5, 2025
ByNorth Dakota Courts Daily
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On December 5, 2025, the North Dakota Attorney General’s Office released a new opinion regarding the Retirement and Investment Office (RIO). The opinion, numbered 2025-O-23, addressed whether RIO violated open records law when it could not provide a requested record that no longer exists.

According to the opinion, “The Retirement and Investment Office (RIO) did not violate the open records law when it was unable to provide a record that no longer exists.” This conclusion clarifies that public agencies are not required to produce documents they do not possess or that have been lost or destroyed.

The full text of this opinion is available for public viewing.

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