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 for work on historic buildings, structures and their sites.
2. (b) Special regulations. When a permit is issued, it will contain all special regulations governing the project work; it must be signed by the either the Texas Historical Commission's executive director, the director of the Division of Architecture, 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 commission in consultation with the project architect and permit applicant.
4. (d) Transferal of permits. No permit issued by the commission will be assigned by the applicant in whole or in part to any other institution, museum, corporation, organization, or individual without the consent of the commission.

5. (e) Permit expiration. The expiration date is specified in each permit and is the date by which all project work must be complete, including submission of the required completion report and fulfillment of all terms and conditions of the permit. It is the responsibility of the permit applicant, project architect and professional firm to meet any and all permit terms and conditions prior to the expiration date listed on the permit.

   1. (1) Expiration notification. The project architect will be notified 60 days in advance of permit expiration.

   2. (2) Expiration extension. The project architect must provide a written request to the commission if an extension of the final due date for completion of the Antiquities Permit is desired. The request must detail the reason(s) an extension is necessary and state when completion of the Antiquities Permit requirements is expected. The Division of Architecture (DoA) of the commission will review the extension request to determine whether an extension is warranted and extend the permit completion due date once for no less than one year and no more than ten years as deemed appropriate. If a second extension is subsequently requested, the Antiquities Advisory Board will review the request and make a recommendation to the commission regarding further extension. The commission may, by a majority vote of its members, approve or disapprove a second extension of the final due date of an Antiquities Permit, beyond the single extension that the DoA staff of the commission is authorized to issue under Section 26.18(e)(2) of this title, provided that the following conditions are met:

      1. (A) the project architect and/or the professional firm listed under the Antiquities Permit must provide written documentation to the Antiquities Advisory Board and give an oral presentation justifying why an additional permit due-date extension is warranted;
      2. (B) justification for the additional extension must show that the additional extension is needed due to circumstances beyond the control of the project architect or professional firm. Examples include, but are not limited to: funding problems or death of the project architect.
6. (f) Expiration responsibilities. Professional firms must insure that a project architect is assigned to a permit at all times, until all obligations under the permit have been fulfilled, regardless of whether the permit is active or has expired. Both the project architect and professional firm should insure that a new project architect is assigned to the permit, if for any reason the original project architect must leave the project. The assignment of a new project architect must be approved by the commission and agreed to by both the original and the new (proposed) project architect.
7. (g) Permit amendments. Proposed changes in the terms and conditions of the permit must be approved by the commission. This includes changes in the permitted project plans and specifications that could affect the integrity of the structure, building or site.

8. (h) Permit cancellation. The commission may cancel an Antiquities Permit as long as one or more of the following conditions are met:

   1. (1) the death of the project architect;
   2. (2) failure of the permit applicant to fully fund the permitted project work;
   3. (3) project work undertaken does not comply with the terms, conditions and approved project documents under the permit; and/or
   4. (4) violation of Section 26.3 of this title (relating to Compliance with Rules).

Source Note:The provisions of this §26.18 adopted to be effective August 28, 2002, 27 TexReg 7789.