§ 2-804. Agency records.
A. Confidential and proprietary information collected by an agency in the performance of its investigative or regulatory functions, as specified in this section, may be used only for official purposes by the agency.
B. Confidential information may not be disclosed to any person or entity other than a law enforcement agency, an agency of the United States with authority over the subject matter, or, if applicable, the State of Oklahoma, or, if authorized by agency rule, a regulatory agency of a federally recognized tribal government, except pursuant to a lawful court order unless the applicant, licensee, or regulated person or entity files a written waiver of confidentiality with the agency.
C. The following types of records shall be deemed confidential:
1. Tax returns of private persons;
2. Completed license, permit, application, registration, and/or other forms required by the agency to be submitted for its consideration;
3. Credit reports and financial history records of private persons;
4. Health and medical records of private persons;
5. School transcripts, records, and other similar documents pertaining to private persons, including both adults and minors;
6. Social security and driver’s license numbers of individuals;
7. Marketing, financial, or sales data, the disclosure of which may be harmful to the competitive position of an enterprise of the Osage Nation or persons seeking or doing business with an enterprise of the Osage Nation;
8. Investigative reports, work papers, worksheets and audit reports used by the agency, its agents or employees in performing its regulatory functions;
9. Such other documents, information, or records as the agency may specify by regulation; and
10. Communications between the agency and the staff of the agency relating to licensing, disciplining of regulated parties, or violations by regulated parties are privileged and confidential if made in the course of and in furtherance of the regulatory mission of the agency, except pursuant to court order after an in-camera review. The agency or any member of its staff may claim this privilege.
D. Limitations. No agency or member of its staff shall:
1. Disclose confidential information except to other regulatory agencies, law enforcement agencies, or a federal or, if applicable, state agency;
2. Hold financial interests in or transact business with a regulated party in conflict with the conscientious performance of their duties as regulators;
3. Use their office or position for private gain; or
4. Fail to disclose any conflict of interest to the Office of the Principal Chief or fail to recuse oneself from any participation in such matter.
E. Breach. Any agency member who intentionally breaches the agency’s duty of confidentiality, uses confidential information for any improper purpose, or otherwise breaches the official’s ethical duties may be subject to removal from office or termination from employment.
F. Public Information. All information other than confidential information maintained by an agency shall be deemed public information and shall be made available upon request. In the event of a dispute between a requestor and the agency as to whether the requested information constitutes public information, the requestor may petition the Osage Nation Trial Court for a declaratory judgment as to the nature of the requested information. Such proceeding may be conducted in a closed proceeding conducted by the Court and duly recorded; provided, that the Court in its discretion may order all or part of such record to be sealed. ONCA 09-73, eff. Oct. 1, 2009.