Incident reports, investigation reports, or other Risk Management Fund records of a pending or reasonably predictable claim against the state or a state employee are privileged and exempt from the open records law, pursuant to N.D.C.C. § 32-12.2-11. This means that only Risk Management has the authority to decide if these forms may be disclosed under an open records request while a matter is pending.

NOTE: The form will eventually become an open record, so you need to use your discretion when filling it out. It may be better to report some concerns you have verbally to the Risk Management Division rather than including those concerns on the written report.

It is important that any supporting documents (i.e. work orders for corrective action) or documents prepared regarding an incident/accident are attached to the Risk Management forms to secure the statutory protections.