North Dakota Code § 44-04-18.27

Applications for public employment - Hiring process - Confidential
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records and open records.
If a public entity or any person delegated authority by a public entity to review applications 
or make hiring decisions receives applications from three or more applicants who meet the 
minimum qualifications for a vacant position, the public entity or other person shall designate 
three or more of the qualified applicants as finalists for further consideration before the public 
entity or other person may issue an offer of employment to fill the position. However, if the public 
entity or other person does not wish to consider any of the applications further and decides not 
to make an offer of employment for the vacant position, the public entity need not designate any 
finalist. The applications and any records related to the applications which contain information 
that could reasonably be used to identify an applicant are exempt. Once the finalists are 
designated, the applications and related records of the finalists are open to the public. The 
public entity or other person reviewing applications on behalf of the public entity shall comply 
with all requirements for an executive session to discuss exempt applications. If, by the close of 
the application period for a vacant position, a public entity receives applications from fewer than 
three applicants who meet the minimum qualifications, the applications and records related to 

the applications are open to the public. A public entity may adopt policies regarding the release 
of exempt records under this section.

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