§ 15-112. Decisions; judicial review.
A. Any party who is aggrieved by the decision or by the entry of any final order or decision of the board of trustees acting on behalf of the Osage Nation Utility Authority is entitled to judicial review thereof in the Osage Nation Trial Court after exhausting its regulatory remedies. A preliminary, procedural, or intermediate board action is not subject to review.
B. The sovereign immunity of the board of trustees is hereby waived for the limited purpose of Osage Nation Trial Court review of decisions of the board acting on behalf of the Authority but only for prospective, equitable relief, including declaratory and injunctive relief, and does not include money damages of any kind.
C. When the board of trustees finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review.
D. Scope of Review. The Osage Nation Trial Court shall have the authority to decide all relevant questions of law, require bond or impound funds, interpret constitutional provisions and all other tribal law, and determine the meaning or applicability of the terms of the board’s action. The Osage Nation Trial Court may:
1. Compel board action unlawfully withheld or unreasonably delayed; and
2. Hold unlawful and set aside board action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
E. A party aggrieved by the judgment of the Osage Nation Trial Court upon judicial review of a final order or decision of the board of trustees, may file an appeal to the Osage Nation Supreme Court. ONCA 13-41, eff. Apr. 23, 2013; ONCA 14-43, eff. May 30, 2014.