13 Tex. Admin. Code § 26.14 - Issuance and Restrictions of Archeological Permits
(a) Issuance of permit. The commission shall
review the permit application submitted pursuant to §
26.13 of this title (relating to
Application for Archeological Permits) and may issue the permit, issue the
permit with special conditions, request additional information for review,
request a revised scope of work or research design, or deny the permit
application.
(1) Review by commission staff.
Within 30 days of the receipt of a permit application, staff shall notify the
applicant in writing that the permit application is complete and accepted for
filing or that the permit application is incomplete and specify the additional
information required for review. The commission will also issue or deny the
permit within 30 days. Investigations may commence upon receipt of notification
of the assignment of a permit number, and a copy of the permit will be sent to
all signatories to the permit application.
(2) Review by the Antiquities Advisory Board.
The executive director may choose to submit the permit application to the
Antiquities Advisory Board for its consideration. Permits that are denied by
commission staff may be appealed by the applicant to the Antiquities Advisory
Board. The board shall review such applications at its next scheduled meeting,
provided it shall have a minimum of 15 days to prepare for such review.
Recommendations of the board shall be taken to the next scheduled meeting of
the commission by the chair of the board or by one of the other commissioners
who serve on the board for action thereon.
(3) The deadlines in this section may be
extended for good cause. In the event a deadline is extended, the commission
shall provide notice of the extension and the good cause to the applicant in
writing. The applicant may complain directly to the executive director if the
staff exceeds the established period for processing permits and may request a
timely resolution of any dispute arising from the delay.
(4) Failure to respond. If no response has
been made by the commission within 30 days of receipt of any permit
application, the permit shall be considered to be granted.
(b) Review by controlling entities. It is the
responsibility of the permit applicant to obtain all necessary permissions and
signatures prior to submitting an archeological permit application.
(c) Special requirements. When a permit is
issued, it will contain all special requirements governing that particular
investigation; it must be signed by the director of the Archeology Division of
the commission, or his or her designated representative.
(d) Permit period. No permit will be issued
for less than one year nor more than ten years, but a permit may be issued for
any length of time as deemed necessary by the commission in consultation with
the principal investigator.
(e)
Transferal of permits. No permit issued by the commission will be assigned by
the permittee in whole or in part to any other institution, museum,
corporation, organization, or individual without acknowledgement of the
original permittee and the consent of the commission. If the investigative firm
cannot obtain acknowledgement of the transfer from the original permit holder,
documentation of the firm's efforts must be submitted together with the
transfer application form.
(f)
State site survey forms. TexSite electronic forms for all sites recorded as a
result of activities undertaken through an Antiquities Permit will be completed
and submitted to the Texas Archeological Research Laboratory at the University
of Texas in Austin, upon the completion of field work.
(g) Permit expiration date. The expiration
date shall be specified in each permit and is the date by which all terms and
conditions must be completed for that permit. It is the responsibility of the
permittee, sponsor, investigative firm, and principal investigator to meet any
and all permit submission terms and conditions prior to the expiration date
listed on the permit.
(1) Expiration date
notification. Principal investigators will be notified 60 days in advance of
permit expiration date.
(2)
Expiration date extension. A principal investigator must complete and submit a
First Extension Application Form to the commission if he or she desires an
extension of the final due date for the completion of an Antiquities Permit
that was issued to him or her. The Archeology Division (AD) of the commission
will review the submitted Permit Extension Form, determine whether an extension
is warranted and extend the permit expiration date once for no less than one
year and no more than ten years as deemed appropriate. In addition, and upon
review and recommendations by the Antiquities Advisory Board, the commission
may by a majority vote of its members, approve or disapprove an additional
extension of the expiration date of an Antiquities Permit beyond the single
extension that the AD staff of the commission is authorized to issue under
subsection (c) of this section and this paragraph, provided that the following
conditions are met:
(A) the principal
investigator (PI), and/or the investigative firm listed under an Antiquities
Permit must complete and submit a Second Extension Application Form to the
commission, and give an oral presentation before the Antiquities Advisory Board
justifying why a second permit expiration-date extension is warranted;
and
(B) the justification for the
second extension must show that the extension is needed due to circumstances
beyond the control of the PI. Examples include, but are not limited to: funding
problems, death of the PI, and artifact curation problems.
(h) Expiration responsibilities.
Investigative firms must ensure that a principal investigator is assigned to a
permit at all times, regardless of whether the permit is active or has expired.
Both the principal investigator and investigative firm should ensure that a new
principal investigator is assigned to the permit if, for any reason, the
original principal investigator must leave the project. The assignment of a new
principal investigator must be approved by the commission.
(i) Permit amendments. Proposed changes in
the terms and conditions of the permit must be approved by the
commission.
(j) Permit
cancellation. The commission may cancel an Antiquities Permit if one or more of
the following events occur:
(1) death or
withdrawal of the principal investigator without a new principal investigator
being named and approved by the commission;
(2) cancellation of the project by the
sponsor or permittee prior to the completion of the archeological field
investigations;
(3) violation of
§
26.18 of this title (relating to
Compliance with Rules for Archeological Permits); and/or
(4) destruction of the permit area or
associated cultural resources due to natural causes, prior to the substantive
completion of the field investigations being performed under the
permit.
(k) Permit
censuring. The commission may censure a principal investigator and/or
investigative firm under the following conditions:
(1) if it is found that two or more permit
application offenses have occurred in one calendar year. Permit censuring will
render a principal investigator and investigative firm ineligible for issuance
of another permit for six months after a finding by the board that two or more
permit application offenses have occurred in a one-year period; or
(2) if an investigative firm does not assign
a new principal investigator to a permitted investigation within one month of
the departure from the firm by the principal investigator assigned to the
permit. Permit censuring will render the investigative firm ineligible for
issuance of another permit until a new principal investigator is assigned to
the applicable permits.
Notes
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