| (a) If the permittee, project sponsor, principal investigator
or other professional personnel, or investigative firm or other professional
firm fails to comply with any of the rules of the commission or any
of the terms of the specific permit involved, or fails to properly
conduct or complete the project, or fails to act in the best interest
of the state, or fails to meet terms and conditions of defaulted permits,
the commission may cancel the permit and notify the permittee of such
cancellation by certified letter, return receipt requested, mailed
to the last address furnished to the commission by the permit applicant.
When determined to be appropriate and upon notification of cancellation,
the permittee, project sponsor, principal investigator and other professional
personnel, and investigative firm or other professional firm shall,
in the case of ongoing projects, cease work immediately, remove all
personnel and equipment, and vacate the area or site within 24 hours.
A permit that has been canceled can be reinstated by the commission
if good cause is shown within 30 days.
(b) A principal investigator and investigative firm
or other professional firm shall not proceed with an investigation
without applying for and receiving an appropriate permit by the commission,
or without having been officially authorized by the commission to
proceed prior to issuance of an emergency permit. Failure to meet
this requirement may result in the principal investigator, investigative
firm, or professional firm being censured and denied issuance of permits
for a six-month period. The commission will send a letter of reprimand
to the principal investigator and/or investigative firm for each application
offense. More than one permit application offense in a one-year period
may result in permit censuring for a period of six months for each
offense. If the commission determines that more than one permit application
offense has occurred in one year, it may direct the staff to censure
the principal investigator or other professional personnel, investigative
firm, or professional firm in question. The censured parties will
then be ineligible to be issued a permit for a period of six months
for each offense.
(c) Project sponsors and permittees shall not encourage
principal investigators, or investigative firms or other professional
firms to perform investigations on public lands in the State of Texas
without a properly issued permit. Such investigations proceeding with
the knowledge of the project sponsor and/or permittee constitute a
violation of the Antiquities Code of Texas. Such actions may result
in the denial of a permit and prevent authorization for a development
project to proceed relative to jurisdiction under the Antiquities
Code of Texas. The commission may also require that the investigations
performed without a permit be performed again under a properly issued
permit.
(d) The rules and standards that must be followed in
relationship to the curation of artifacts recovered under the jurisdiction
of the Antiquities Code of Texas can be found under Chapter 29 of
this title (relating to Management and Care of Artifacts and Collections).
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