A. The Osage Nation Attorney General may request removal of an enrolled member through a removal action filed in the Osage Nation Trial Court in the name of the Osage Nation as petitioner and the affected individual as respondent. No more than one person shall be named in an action. No other person may request removal or file an action for removal.
B. At least thirty (30) days before filing such an action, the Attorney General shall notify any person who may be subject of the action in writing of the fact and nature of the action to be filed. Such notification shall include the reason(s) the action may be taken and all documents in the Membership Office and the Attorney General’s possession concerning the action.
C. The Membership Office may recommend suspension of benefits upon referral of a membership removal matter to the Attorney General. The Osage Courts may award actual lost monetary benefits to any reinstated member for benefits lost during the appeal process.
D. The affected person may provide the Attorney General information which counters that information provided by the Attorney General, or may voluntarily relinquish membership at that time in accordance with Section 1-205 of this Title and the Osage Nation membership rules and regulations.
E. A member subject to loss of membership by a removal action of the Attorney General of the Osage Nation shall be notified by certified mail restricted delivery of the removal action against the member, and may within ninety (90) days from the receipt of notice, request and appear at a hearing in the Trial Court of the Osage Nation. The Tribal Court shall develop and maintain a form for requesting a hearing and provide same upon request.
F. The Osage Nation shall have the burden of proving a member enrolled pursuant to Osage Nation law, rules and regulations should be removed from the official roll of membership. The Attorney General’s office must present admissible evidence in support of the removal at any hearing held to determine the Nation’s right to remove a member.
G. Any order of removal from the Membership Roll must contain the following findings:
1. A jurisdictional statement;
2. Proof of service or efforts to serve notice to the respondent;
3. Recitation of evidence received to support the court’s ruling; and
4. The effective date of the affected person’s removal from the Membership Roll. ONCA 16-16, eff. Dec. 14, 2015.