(a)

1. (1) Applications for a waiver may be found on the Arkansas State Archives website at www.arkansasheritage.com/arkansasstatearchives/home.

2. (2) The applications must be submitted online through email at:

   1. (A) HistoricalMonumentProtectionAct@arkansas.gov; or
   2. (B) Such other email address as may be designated by the Department of Parks, Heritage, and Tourism from time to time.

(b)

1. (1) The Arkansas History Commission may place a hold on or deny review of an incomplete application, including one not submitted on the proper form.
2. (2) Staff shall assist all applicants in ensuring a complete and accurate application is submitted.

3. (3) All applications shall be submitted electronically to the archives through email at:

   1. (A) HistoricalMonumentProtectionAct@arkansas.gov; or
   2. (B) Such other email address as may be designated by the department from time to time.

(c)

1. (1) All applications received will first be reviewed by staff who will conduct an evaluation of each submission in accordance with:

   1. (A) The Arkansas State Capitol and Historical Monument Protection Act, Arkansas Code § 22-3-2101 et seq.;
   2. (B) This part; and
   3. (C) The subject matter of the application.
2. (2) Thereafter, when staff has had reasonable time within which to conduct an adequate evaluation, it shall make a recommendation of determination to the commission at its next meeting.
3. (3) The commission reserves the right to remand applications back to the applicant and staff for further development when it does not have enough information with which to make a determination.
4. (4) In such event, the commission shall provide the necessary guidance to the applicant and the staff.

(d)

1. (1) The commission must receive a completed application for a waiver at least two (2) weeks prior to a regularly scheduled meeting of the commission immediately preceding the projected removal or relocation for which the waiver is sought.
2. (2) This does not apply to applications for a temporary waiver on an emergency basis.

(e)

1. (1) All applications for a Petition for Waiver submitted to the archives will be reviewed by staff who will:

   1. (A) Conduct an evaluation; and
   2. (B) Make a recommendation of determination.
2. (2) The commission shall consider the Petition for Waiver and the staff recommendation in making a determination.

(f)

1. (1) The commission may grant a Petition for Waiver by a majority vote of those present and voting at a regularly scheduled commission meeting.
2. (2) The decision will be made in writing and may include reasonable conditions and instructions to ensure that the historical monument is preserved to the greatest extent possible.

3. (3)

   1. (A) The decision will be transmitted electronically to applicants to the email address used to submit the applications.
   2. (B) Upon request, a hard copy of the decision can be mailed to the applicant.