| (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.
|
| Source Note: 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 to be effective August 16, 2016, 41 TexReg 5996 |
