(a) Establishment of certification program.
(1) The Commission shall determine through the program
established by this subchapter appropriate facilities to house state-associated
held-in-trust collections generated or purchased by the Commission,
generated through antiquities permits issued under the authority of
the Commission as provided by the Texas Natural Resources Code, Chapter
191, donated to the Commission, or placed with the Commission through
the order of a court.
(2) The certification process shall consider the management
and care of all state-associated collections at the curatorial facility.
(3) The requirements of this subchapter related to
the placement of state-associated collections in certified curatorial
facilities shall apply to the following:
(A) All collections placed in curatorial facilities
by the Commission after December 31, 2005; and,
(B) All collections generated under antiquities permits
on public lands after December 31, 2005.
(4) Except as provided in paragraph (9) of this subsection,
no collection or any component of a collection as described under
the jurisdiction of this subchapter may be placed in a curatorial
facility that is not certified through the process established by
this section.
(5) This section does not apply to the placement of
collections in curatorial facilities prior to the effective date of
this requirement as specified in subsection (a)(3), above. It does
apply to any subsequent transfer of collections or a component of
a collection taking place after the effective date of this requirement
as specified in subsection (a)(3)(A) - (B), above.
(6) This section does not apply to the loan of a collection
or a component of a collection to a facility not certified by the
Commission.
(7) Certification shall be effective for a period of
ten years, after which time, the curatorial facility must apply for
renewal. Renewal will be based upon a review of the standing of the
facility in regards to disabling or deficiency factors assigned during
the initial certification and the standards for certification in place
at the time renewal is requested.
(8) The certification process shall be implemented
upon the effective date of these rules, and the staff of the Commission
shall develop procedures to begin the review of applicants at the
earliest possible date. The requirement that all new collections shall
be placed only in certified curatorial facilities shall be effective
as specified in subsection (a)(3)(A) - (B), above.
(9) A curatorial facility that has submitted the application
for certification provided by subsection (b)(1) of this section by
the date provided in subsection (a)(3) of this section may continue
to accept held-in-trust collections after that date so long as its
application is pending and the application process has not been terminated
or its application rejected by the commission.
(b) Procedures for Certification.
(1) Application. A curatorial facility seeking certification
from the Commission shall apply to the Commission on a form provided
by the Commission.
(A) The form shall require the applicant to provide
essential information and documentation to allow the Commission to
determine whether the facility is a curatorial facility within the
definition of that term.
(B) Staff of the Commission shall evaluate the application
and make a recommendation to the executive director on whether the
facility should be allowed to proceed with the certification process.
(C) The executive director may determine that the certification
review should be terminated at this point in the process. Such termination
would be due to a clear failure of the curatorial facility to meet
the criteria for certification developed under this subchapter.
(2) Submission of written materials for certification.
(A) The form shall require the applicant to provide
essential information and documentation to allow the Commission to
determine whether the facility is a curatorial facility within the
definition of that term.
(B) The self-evaluation and other materials must be
submitted to the Commission within six months after the certification
review packet is mailed. A one time extension not to exceed six months
may be granted by the Commission staff upon request.
(C) The completed documentation shall be reviewed by
the Commission. If clarification or additional information is requested
by the Commission, the facility shall have 30 days to furnish the
information required.
(D) Failure to provide the requested information or
inadequacy of the materials provided may lead to the termination of
the review process.
(E) Staff of the Commission shall review the self-evaluation
and other written materials provided and make a recommendation to
the executive director on whether the facility should be allowed to
proceed with the certification process.
(F) The executive director may determine that the review
should be terminated at this point in the process.
(3) Field review.
(A) A curatorial facility that has submitted its self-evaluation
and other written materials and approved to proceed with the certification
process shall be contacted to arrange for a field review.
(B) At a time to be agreed upon by the Commission staff
and the facility, an on-site evaluation of the facility shall be conducted
by the Commission.
(C) Field review of the curatorial facility will be
conducted by qualified staff of the Commission. Confidentiality will
be maintained within the limits of the Public Information Act.
(D) An applicant for certification must make their
facilities and records freely available to the field reviewers of
the Commission in order to be considered for certification.
(E) Upon completion of the on-site evaluation, the
persons performing the evaluation shall complete a written report
of the on-site evaluation.
(F) The written report and recommendation shall be
submitted to the executive director for his review. The executive
director may approve, disapprove, or amend the recommendation.
(G) The applicant shall be provided not less than 30
days notice of the Commission meeting when its application will be
considered and provided a copy of the executive director's recommendation,
the report of the on-site evaluation, and any other relevant documents.
(H) The applicant shall have the opportunity to present
written and oral information in support of its application to the
staff and the Commission or committees thereof.
(4) Consideration by the Commission.
(A) The Commission may direct that this matter be considered
in a committee of the Commission prior to consideration by the full
Commission.
(B) The Commission shall consider the recommendations
of the staff and/or executive director and all other matters submitted
or prepared in connection with the application and shall make a decision
on the certification of the curatorial facility. The decision of the
Commission shall be provided in writing to the curatorial facility.
If certification is denied, the Commission shall provide reasons for
the denial to the curatorial facility.
(C) The decision of the Commission shall be based on
the matters properly submitted in the certification process, and the
decision shall measure the qualifications, stated objectives, and
resources of the curatorial facility against the standards for certification
established by the Commission.
(i) The Commission shall consider the evaluation of
the curatorial facility and determine which, if any, disabling and
deficiency factors may be present in the curatorial facility.
(ii) The Commission shall grant certification of the
curatorial facility based on the disabling and deficiency factors
by the following standards:
(I) Four or more disabling factors, certification denied;
(II) Three or fewer disabling factors and no more than
four deficiency factors, certification granted;
(III) Three or fewer disabling factors and five or
six deficiency factors, provisional status granted; or
(IV) Three or fewer disabling factors and seven or
more deficiency factors, certification denied.
(D) If a curatorial facility is certified with existing
disabling factors or deficiencies, these factors must be addressed
before subsequent certification can take place. The curatorial facility
must submit a plan and schedule for correcting the factors to the
Commission within 90 days of the notice of certification. The Commission
shall consider the plan and schedule and either approve it or return
it to the curatorial facility with suggested revisions. The curatorial
facility shall resubmit the plan and schedule until approved by the
Commission. If these factors have not been addressed by the end of
its certification period, then the curatorial facility will be decertified
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