- (a) Application forms. All persons requesting access to RCRI must complete and submit the application form provided by the commission. This application form 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.
- (b) Curriculum vitae. To prove his or her credentials for access, an applicant must also submit a current curriculum vitae to the commission, if such a document is not already on file with the commission.
- (c) Initial review by the THSA Program Director. The THSA Program Director reviews all applications and vitae for completeness, and will notify the applicant of any additional information required.
- (d) Consideration of qualified application. When all required application information has been received and reviewed, the THSA Program Director will either rule on access relative to criteria set forth in §24.17(a) of this title (relating to Restricted Cultural Resource Information Access Qualifications), 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 Program Director will notify the applicant of this approval within 10 working days. The access committee will review all applicants for qualification under §24.17(b) of this title, and the THSA Program Director will notify the applicant of the committee's decision.
- (e) Denial of application. If an application is denied, the THSA Program Director will notify the applicant in writing of the reasons for denial. Any appeals of these decisions must be made before the commission at one of its regularly scheduled public meetings.
- (f) Access agreement. Once any application has been approved by either the THSA Program Director, access committee, or commission, an access agreement will be forwarded to the applicant. The applicant must then sign the access agreement and return it to the commission. Once received, the THSA Program Director will register the applicant as an RCRI user, and a written notice documenting registration will be forwarded to the registered RCRI user. When appropriate, 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. A copy of the access agreement document will be kept on file at the Texas Historical Commission.
- (g) The commission may conduct an investigation to verify any information submitted on an application.
(h) 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, upon due notice to the applicant, at any regular or called meeting of the commission.
Source Note:The provisions of this §24.19 adopted to be effective December 6, 1998, 23 TexReg 11920.