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A. A final decision made pursuant to Section 4-204 of this Title shall be reviewed through arbitration pursuant to this section, which shall be the exclusive remedy for all claims.

1. A worker disputing a final decision rendered by the Administrator shall within twenty (20) calendar days after the issuance of the written decision by the Administrator request, in writing, that arbitration be scheduled between the worker and the applicable employer. The request for arbitration shall be sent to the Administrator. Such request shall be received by the Administrator within the time limits specified in this section.

2. The worker’s request for arbitration must include:

a. The name and mailing address of the worker;

b. A brief summary of the relevant facts;

c. A brief statement of the disputed issues;

d. A brief statement of the relief sought;

e. A copy of the final written decision the worker seeks to have reviewed; and

f. A signed declaration that the information submitted is true and correct to the best of the worker’s knowledge.

B. Request for Arbitration.

1. A single arbitrator from a list of qualified arbitrators maintained by the Osage Nation Trial Court may be mutually agreed upon by the worker and the employer. If an arbitrator cannot be selected from the list, the parties may agree on any other arbitrator. If the parties cannot select an arbitrator, then the Clerk of the Court shall randomly select an arbitrator from the list pursuant to procedures adopted by the Osage Nation Trial Court.

2. The worker’s right to be heard is contingent upon compliance with all requirements, including filing deadlines provided herein.

3. To simplify and expedite claims under this Act, arbitrators and courts shall give deference to unrepresented employees by excusing honest, nonmaterial or correctable mistakes. Filing deadlines are deemed to be material and noncorrectable for purposes of this paragraph.

C. Arbitration Costs.

1. The worker shall be required to pay, and submit with the request for arbitration, a One Hundred Dollar ($100.00) filing fee payable to the Osage Nation Trial Court in order to obtain arbitration; provided, that said One Hundred Dollar ($100.00) fee shall be refunded to the worker if said person prevails at arbitration.

2. Cost of arbitration shall be paid by the employer.

3. If the arbitrator determines that the request for arbitration is frivolous, some or all of the prevailing party’s attorney fees and costs of arbitration may be borne by the nonprevailing party as determined by the arbitrator.

D. The decision of the arbitrator shall be final and binding, and is enforceable in the Osage Nation Trial Court. ONCA 12-76, eff. Oct. 1, 2012; ONCA 15-52, eff. Nov. 6, 2015.