North Dakota Code 43-17.1-08 – Communication to investigative panel privileged
1. Communications to the investigative panels and their agents are privileged and confidential, and no member of the investigative panels nor any of their agents may be compelled to testify with respect thereto in any proceedings except in formal proceedings conducted before the board.
Terms Used In North Dakota Code 43-17.1-08
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. All records of the investigative panels, except their financial records, are confidential.
Only the formal disciplinary documents issued pursuant to chapter 28-32 are considered open records, including the formal complaint, finding of facts, conclusions of law, and order. If a disciplinary action is resolved by settlement agreement, the fully executed agreement is a public record.
3. Notwithstanding the provisions of this section, if an investigative panel determines that the records of the investigative panel disclose a possible violation of state or federal criminal law, the investigative panel may provide the records to the appropriate law enforcement agency.
4. Investigative information in the possession of the board and investigatory panels which relates to licensee discipline may be disclosed to the appropriate licensing authorities within this state, the appropriate licensing authority in another state, or as permitted under chapter 43-17.4, if the receiving entity has statutory protections in place to protect the records from disclosure.