1. (a) Review by controlling entities. It is the responsibility of the permit applicant to obtain all necessary permissions and signatures prior to submitting a permit application.
2. (b) Special regulations. When a permit is issued, it will contain all special regulations governing that particular investigation; it must be signed by the directors of either the Department of Antiquities Protection or the Division of Architecture of the Texas Historical Commission, or their designated representative.
3. (c) Permit period. No permit will be issued for less than one year, nor more than ten years, but may be issued for any length of time as deemed necessary by the committee in consultation with the principal investigator, sponsor, and permittee.
4. (d) Transferal of permits. No permit issued by the committee will be assigned by the permittee in whole or in part to any other institution, museum, corporation, organization, or individual without the consent of the committee.
5. (e) State site survey forms. Standard state site survey 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.

6. (f) Permit expiration. The expiration date is 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(s), sponsors, investigative firms, and principal investigators prior to the expiration date listed on the permit to meet any and all permit submission terms and conditions.

   1. (1) Expiration notification. After October 1, 1992, principal investigators, co-principal investigators, investigative firms, permittee(s), and sponsors will be notified 60 days in advance of permit expiration. The notice regarding expired permits shall state the pending default date, list the terms and conditions to be met to complete permit requirements, and request submission of a good faith plan outlining how the holder will complete unmet Antiquities Permit obligations.
   2. (2) Expiration extension. Permits may be extended once for no less than one year and no more than ten years as deemed necessary by the committee, in consultation with the principal investigator, investigative firm, sponsor, or permittee.
7. (g) Expiration responsibilities. Investigative firms and permittees must insure 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 insure 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 committee, and agreed to by both the original and the new (proposed) principal investigator.

8. (h) Permit amendments. Proposed changes in the terms and conditions of the permit must be approved by the committee and all parties will be notified when amendments are approved. In addition, upon review by the Antiquities Advisory Board, the committee may by a majority vote of its members, approve or disapprove an additional extension of the final due date of an Antiquities Permit, beyond the single extension that the staff of the Texas Historical Commission is authorized to issue under Section 26.17 of this title, provided that the following conditions are met:

   1. (1) the principal investigator (PI), investigative firm (IF), and/or the project sponsor (PS) and permittee (PE) listed under an Antiquities Permit provide both written documentation to, and oral presentations before, the Antiquities Advisory Board justifying why an additional permit due-date extension is warranted;
   2. (2) the justification for the additional extension must show that the additional extension is needed due to circumstances beyond thecontrol of the PI, IF, and/or PS and PE. Examples include, but are not limited to; funding problems, death of the PI, and artifact curation problems, and;
   3. (3) the PI and IF, if they are the parties requesting the extension, are responsible for notifying the PS and PE of the request for an additional extension of the final permit due date.

9. (i) Permit cancellation. The committee may cancel an Antiquities Permit, and any appeals of such cancellations must be made before the State Office of Administrative Hearings. One or more of the following conditions must exist before a permit may be canceled:

   1. (1) the death of the principal investigator;
   2. (2) failure of the project sponsor to fully fund investigation;
   3. (3) cancellation of the project by the sponsor or permittee prior to the completion of the archeological field investigations, and/or;
   4. (4) violation of Section 26.3 of this title (relating to Compliance with Rules and Regulations) and/or;
   5. (5) destruction of the permit area or associated cultural resources due to natural causes, prior to the substantive completion of the investigations being performed under the permit.
10. (j) Permit censuring. The committee may censure a principal investigator and investigative firm if it is found that two or more permit application offenses have occurred in one calendar year. Permit application offenses result when investigations are performed without first obtaining a permit from the committee. 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 one calendar year.

Source Note:The provisions of this §26.17 adopted to be effective June 24, 1988, 13 TexReg 2913; amended to be effective February 12, 1993, 18 TexReg 643; amended to be effective April 11, 1994, 19 TexReg 2193; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442; amended to be effective June 26, 1996, 21 TexReg 5437; amended to be effective April 22, 1997, 22 TexReg 3577; amended to be effective April 15, 1999, 24 TexReg 3067.