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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af3bee76220f5a029

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Oneida Nation
Post Office Box 365
Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 08-09-17-A
Administrative Rulemaking Law Amendments
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Business Committee adopted the Administrative Rulemaking law (“the Law”)
through resolution BC-02-24-16-C; and

WHEREAS,

the intent of the Law was to create a standardized process for how entities of the Nation
may promulgate rules in furtherance of the responsibilities delegated to them to interpret,
implement and/or enforce laws and policies of the Nation; and

WHEREAS,

the amendments to the Law clarify that a rule developed pursuant to this Law shall not
conflict or supersede a law, policy, rule, or resolution of the Nation; and

WHEREAS,

the amendments to the Law provide an exemption to the administrative rulemaking
process requirements, or grandfather clause, for those current and existing standard
operating procedures and policies the authorized agency wishes to continue using so
long as there are no substantive changes to the content of the standard operating
procedures and policies when delegated rulemaking authority and the Oneida Law Office
conducts a preliminary review of the materials for potential conflicts; and

WHEREAS,

the amendments to the Law provide a recommendation that authorized agencies provide
an additional special notice to affected parties when a proposed rule or amendments to a
rule modify eligibility requirements for the Nation’s programs; and

WHEREAS,

the amendments require additional public meetings to be held on a proposed rule if
substantial changes are made to the proposed rule after a public meeting, and also set a
time limitation for when an authorized agency shall submit a proposed rule for
certification to the Legislative Operating Committee after the public comment period has
expired; and

WHEREAS,

the amendments clarify what requirements the Legislative Operating Committee must
ensure are met before certification of the proposed rule, require the Oneida Business
Committee to adopt all proposed rules, and clarify that rule shall not become effective
until after adoption by the Oneida Business Committee; and

WHEREAS,

the amendments to the Law require an authorized agency to conduct a review of each
adopted rule every two (2) years after the rule is adopted; and

BC Resolution # 08-09-17-A
Administrative Rulemaking Law Amendments
Page 2 of 2

WHEREAS,

public meetings on the proposed law were held on June 26, 2017, and June 29, 2017, in
accordance with the Legislative Procedures Act, and the public comments were received,
reviewed and accepted by the Legislative Operating Committee on July 19, 2017; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Administrative Rulemaking law are
hereby adopted and effective immediately.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; 8 members
th
were present at a meeting duly called, noticed and held on the 9 day of August, 2017; that the forgoing
resolution was duly adopted at such meeting by a vote of 7 members for, 0 members against, and 0
members not voting; and that said resolution has not been rescinded or amended in any way.

____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af3bee76220f5a029. Public record. Not legal advice.