When a state agency which has direct or indirect jurisdiction over any land or structure modification which may affect a registered cultural property does not concur with a determination proposed consistent with 4.10.7.10 NMAC above, the head of such agency may appeal to the cultural properties review committee with a statement of the case in appropriate detail. Such appeal shall be made not less than 30 days before a scheduled committee meeting. The committee shall hear the case in a regular public meeting and shall have authority (1) to request further information, (2) to accept the determination of the state agency or of the state historic preservation officer, or (3) to specify another solution consistent with its established and written standards. Appeal to the cultural properties review committee shall be the final administrative appeal in any case.

[8/21/87; 4.10.7.14 NMAC - Rn, 4 NMAC 10.7.14, 1/1/08]

HISTORY OF 4.10.7 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records, state records center and archives under:

CPRC Rule 87-7, Regulations for the Review of Proposed State Land or Structure Modifications which May Affect Registered Cultural Properties, filed 3/26/87.

CPRC Rule 87-7, Regulations for the Review of Proposed State Land or Structure Modifications Under Direct or Indirect State Jurisdiction which May Affect Registered Cultural Properties, filed 8/21/87.

History of Repealed Material: [RESERVED]

Other History: CPRC Rule 87-7, Regulations for the Review of Proposed State Land or Structure Modifications Under Direct or Indirect State Jurisdiction which May Affect Registered Cultural Properties (filed 8/21/87) was renumbered, reformatted and replaced by 4 NMAC 10.7, Review of Proposed State Undertakings That May Affect Registered Cultural Properties, effective 11/15/97.

4 NMAC 10.7, Review of Proposed State Undertakings That May Affect Registered Culturals Properties (filed 11/03/97) renumbered, reformatted and replaced by 4.10.7 NMAC, Review of Proposed State Undertakings That May Affect Registered Culturals Properties, effective 1/1/08.