| (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 recommendation 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.
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| Source Note: The provisions of this §26.14 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 29, 2016, 41 TexReg 1440; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective March 6, 2022, 47 TexReg 908 |
