13 Tex. Admin. Code § 24.19 - Restricted Information Application Submission and Review Procedures

(a) Application forms. All persons requesting access to RCRI must complete and submit the application form provided by the commission. This application must indicate the type of information to which access is desired, the nature of the proposed research and any special user requirements during access, the name of the person desiring access, when access is needed, and for how long. For student applications, a letter is also required from a sponsoring professor, verifying the applicants' legitimate scientific need for access.

(b) Curriculum vitae. To prove his or her credentials for access, an applicant who is not a member of the Texas Archeological Stewardship Network must also submit a current curriculum vitae to the commission, if such a document is not already on file with the commission.

(c) Access agreement. The applicant must also agree to the terms of the access agreement provided by the commission and submit it. A copy of the access agreement document will be kept on file at the commission.

(d) Initial review by the THSA Coordinator. The THSA Coordinator reviews all applications and vitae for completeness and will notify the applicant of any additional information required.

(e) Consideration of qualified application. When all required application information has been received and reviewed, the THSA Coordinator will either rule on access relative to criteria set forth in § 24.17(a) of this title (relating to Criteria for Access to Restricted Information), or forward the application to the access committee. If the applicant is approved for RCRI access under § 24.17(a) of this title, the THSA Coordinator will notify the applicant of this approval within 10 working days. The access committee will review all applications requiring further consideration for qualification within 20 working days of receipt under § 24.17(b) of this title, and the THSA Coordinator will notify the applicant of the committee's decision.

(f) Denial of application. If an application is denied, the THSA Coordinator will notify the applicant in writing or through electronic submission of the reasons for denial. Any appeals of these decisions must be made before the commission at one of its regularly scheduled public meetings.

(g) Registration of approved applicant. The THSA Coordinator will register the applicant as an RCRI user, and a notice documenting registration will be forwarded to the registered RCRI user. The commission will also supply the applicant with a THSA Access Account, which will enable the applicant to access the restricted portion of the THSA database.

(h) The commission may conduct an investigation to verify any information submitted on an application.

(i) False information. If the access committee determines that an applicant provided false information on an application, the committee will take the following actions.

(1) Recommend denial of the application.

(2) Notify the applicant of the information considered to be false and give the applicant a reasonable period of time, not to exceed 30 days, to respond.

(3) If, upon examination of the applicant's response, or failure to respond, the access committee determines that false information was knowingly provided on the application, the access committee may recommend to the commission that the applicant be denied access to RCRI for a period not to exceed two years.

(4) The commission may consider and act on this recommendation at any regular or called meeting of the commission. The applicant will be given notice of at least seven days of the intent to consider the application at the meeting.

(j) Special provision for access to the THC Library or RCRI data. Temporary access to the archeological materials in the THC Library or information in the RCRI may be granted to persons qualified under either § 24.17(a) or (b) of this title by a THC staff archeologist. Such authorization must be signed by the THC staff member and a copy kept on file at the commission.

Notes

13 Tex. Admin. Code § 24.19

The provisions of this §24.19 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective August 20, 2003, 28 TexReg 6537; amended to be effective November 28, 2012, 37 TexReg 9353; Amended by Texas Register, Volume 41, Number 33, August 12, 2016, TexReg 5996, eff. 8/16/2016