22.05.010 Roles of Agencies and of the Tribal Council

(a) Except as provided in Chapter 22.07, nothing in this title confers authority upon, or augments the authority of any Tribal agency to adopt administer, or enforce any rule.

(b) The authority to adopt, amend, or repeal a substantive rule of any agency implementing any ordinance authorizing the adoption of rule resides wholly with the Tribal Council, provided, however, no proposed rule shall be adopted, amended, or repealed unless:

(1) The agency affected has recommended the change and the Tribal Council has considered the recommendation and determined by majority vote that the interests of the Tribe and of its members would best be served by acceptance, modification or rejection of the agency recommendation; or

(2) In the absence of agency recommendation, the Tribal Council may determine by a majority vote that the interests of the Tribe and of its members would best be served by the proposal of a rule, and

(3) The Chairperson of the Tribal Council has notified the affected agency in writing of the Council determination.

(c) The Tribal Council may delegate all or part of its rulemaking authority hereunder to an affected agency by adopting an appropriate ordinance or amendment so providing. In the event of such a delegation, all rulemaking procedures prescribed in this title for the Tribal Council shall be binding on the agency.