Distribution of Mailing Lists

11/14/2025

NDSU Extension Guidelines

NDSU Extension is considered a “public entity” subject to North Dakota’s Open Records and Open Meetings laws. The Open Records law applies to many records, including lists of participants often used by NDSU Extension offices to conduct business. If you are asked to provide a list to someone, please use this guide or contact your supervisor if you have questions.

Distribution of Mailing Lists Guidelines
Access to Extension Mailing Lists

NDSU Extension lists may have to be made available when requested unless they are classified as exempt or confidential. If you get a request for a list, it is suggested that you contact your supervisor, who will work with the NDSU General Counsel to determine if this list must be provided. If it is determined that the list must be provided based on open records law, the General Counsel will help define which items can be redacted or edited from the list (including addresses, phone numbers and emails) before distributing.

Costs for Accessing Records

Access to lists is usually free, but a reasonable charge for the actual costs for mailing and making copies, including labor, materials and postage, can be assessed. Costs for locating the records can also be assessed if it takes longer than one hour.

Classification of Records Under Open Records Laws

Records (including lists) are categorized in one of three ways in North Dakota’s Open Records Laws:

  • Open – they MUST be released.
  • Exempt – they MAY be withheld at the discretion of the public entity.
  • Confidential – they MUST NOT be released.

EXAMPLES

  • Minutes of open meetings.
  • Personnel records related to job performance or salary.
  • Financial, telephone and travel records of a public entity.

(may be withheld at the discretion of the public entity)

  • Personal information (address, home/cell phone number, employee ID number, driver’s license number, date of birth, dependent information and emergency contact) of public employees. NDCC 44-04-18-1(2).

The following records must not be released:

  • Any record that is a compilation of minor’s names, addresses, phone numbers, or any combination of that information. NDCC 44-04-18.13. This includes any list with minor 4-H members or participants.
    • Note: Personal information regarding a licensee maintained by an occupational or professional board, association, state agency, or law-created commission is exempt. As used in this section, “licensee” means an individual who has applied for, holds, or has previously held an occupational or professional license, certificate, credential, permit, or registration issued by a state occupational or professional board, association, agency or commission. NDCC 44-04- 18.1(4). This includes pesticide certification lists as noted by a letter dated June 17, 2004, from Paul Germolus, Assistant Attorney General, Office of the Attorney General of North Dakota.
Other Considerations
  • Listserv Lists: NDSU Extension listservs are for internal use only and should not be shared. If someone requests access, please direct them to the Extension Associate Director's Office.
  • Lists from Other Entities: If the request is for a list generated from another entity, suggest the request be made to the original source of the list.
  • Protecting Privacy: In an attempt to keep email addresses private when sending messages to a group, consider sending a message by using the BCC (blind courtesy copy) feature or the "Undisclosed Recipients" feature in Outlook. This will ensure that each recipient receives the email but cannot see the email addresses of others receiving the same message.
Additional Resources

For a summary of the North Dakota Attorney General’s Open Meetings and Open Records Laws, visit: ND Open Records Guide

To view the complete open records and open meetings manuals, visit: ND Open Records Manual

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