§ 2-803. Issuing, revising and withdrawing regulation.
A. Administrative agencies, as authorized by law, may promulgate regulations, as necessary, to administer statutes for which the agency has been delegated administrative authority in accordance with the provision contained in this statute unless otherwise provided by law.
B. Regulatory Scope. The scope of an agency’s authority, unless otherwise provided by law, shall include the authority to promulgate rules and regulations:
1. Necessary for the orderly transaction and conduct of the regulated activity;
2. Establishing standards and procedures for the licensing and/or registration of persons and entities including, but not limited to, the issuance, suspension and revocation of licenses under this statute;
3. Governing inspections, investigations, and enforcement actions;
4. Establishing fees;
5. Establishing fines and other sanctions, and taking such other actions as may be necessary to enforce statutory law, including, but not limited to, orders, directives, and other compulsory processes;
6. Establishing procedures for administrative hearings and proceedings;
7. Establishing procedures for service of process; and
8. Establishing procedures for administrative appeals.
C. Addressing such other issues and matters as are necessary to carry out the agency’s duties, functions, and responsibilities.
D. Rulemaking Procedure. Unless otherwise provided by law, the agency shall adhere to the following procedures when promulgating regulations under this statute.
1. Standard Rulemaking Procedure.
a. Prior Notice. In adopting, amending, or repealing any substantive regulations other than emergency, minor, or interpretive regulations, regulations governing internal agency policy or procedures, and mandatory regulations required under federal law, the agency shall give prior notice of the proposed action by posting such notice on its website along a copy of the text of the proposed regulations.
b. Comment. There shall be a thirty (30) day period during which any person may submit written comments on the proposed rule; provided, that the agency at its discretion may specify a longer comment period.
c. Promulgation. Upon receipt and review of comments, if any, the agency may promulgate the regulation as a final regulation in its original or amended form, or it may withdraw the proposed regulation.
i. Such final regulation shall be made available to the public on the agency’s website or that of the Nation.
ii. The agency may stay the implementation of a final regulation for good cause shown.
iii. If the proposed regulation is withdrawn, it shall be removed from the website.
2. Emergency Rulemaking Procedure. In the event the agency concludes that promulgating a regulation is sufficiently urgent that the requirements of the Standard Rulemaking Procedure would result in damage to the interests of the Nation or violation of Nation law, the agency may promulgate a regulation as an interim final regulation without prior notice, or may shorten the period for prior notice as it deems necessary. The agency must post a statement of explanation on its website giving reason for the emergency regulation within three days.
3. An interim final regulation shall be enforceable upon its publication on the website, but the agency shall accept written comments for a period of not less than thirty (30) days from the date of publication before the rule shall be deemed a final regulation.
4. Mandatory Compliance Rulemaking Procedure. In the event a change in applicable Nation statutes, applicable federal statutes or regulations, or the execution of an applicable intergovernmental agreement or compact with the State of Oklahoma, requires an urgent change in the agency’s regulations to be in compliance therewith, the agency may promulgate a compliant regulation as an interim final regulation without prior notice, or may shorten the period for prior notice as he or she deems necessary to comply with the change. Such interim final regulation shall be effective upon publication on the agency or Nation’s website.
5. Minor Rulemaking Procedure. The Agency may make technical corrections or minor amendments to its regulations without prior notice, but such minor amendments under this procedure must have de minimis effect.
6. Interpretive Rulemaking Procedure. The Agency may issue regulations without prior notice giving its interpretation of regulations issued under this section. Such interpretive regulations shall be made public in the same manner as under the Standard Rulemaking Procedure.
7. Rules or regulations establishing internal agency policies or procedures shall be exempt from this statute.
E. Regulatory Effect. Regulations promulgated by an agency pursuant to this statute shall bind all persons, organizations, or entities regulated by the agency. Failure to comply with any agency regulation shall constitute a violation of Nation law and subject the violator to fines, penalties, or other sanctions in accordance with the administrative procedures established by the agency.
F. Standard of Review. The courts of the Osage Nation shall give deference to agency regulations and/or challenged actions or decisions made pursuant thereto, unless the regulation and/or challenged action or decision is:
1. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
2. Contrary to Constitution of the Osage Nation or any right, power, privilege, or immunity under Osage Nation law; or
3. In excess of the agency’s delegated authority; ONCA 09-73, eff. Oct. 1, 2009.