8 Colo. Code Regs. § 1504-7-6

Current through Register Vol. 47, No. 22, November 25, 2024

Section 8 CCR 1504-7-6 - Permit issuance and denial

A. Application and permit schedule

The society through the state archaeologist will review complete applications within 10 working days of receipt and immediately notify the applicant of the results of the review by mail.

B. Criteria for issuance

Applications must be complete. The applicant is responsible for the completeness and quality of information submitted.

C. Criteria for permit denial

1. The society through the state archaeologist may deny a permit to an applicant:

a. If he/she does not meet the qualifications outlined above;

b. If he/she gives false information on the application;

c. If he/she gives fails to adhere to any of the terms and conditions of prior permits;

d. If he/she has previously been denied a federal permit for work on the same project;

e. If he/she has been convicted of a violation of the Act;

f. If he/she has a record of violating any law applicable to archaeological or paleontological resources protection. Violation of said law shall include civil sanctions as well as criminal conviction (which shall include a plea of nolo contendere or acceptance of a deferred sentence);

g. If he/she has a record of unacceptable reports;

h. If he/she submits a research design or documentation plan that does not meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register 48(190). September 29, 1983);

i. If he/she has not arranged for funding sufficient to complete the proposed work;

j. If the landowner or land manager objects; or

k. For other just cause.

2. The society through the state archaeologist will provide an applicant who is denied a permit a written explanation of the reasons for the denial. The applicant, within 60 days, may request a hearing before the president of the society or an administrative law judge pursuant to CRS 24-4-105. The society will notify the applicant of the time and place of the hearing at least 20 days prior to said hearing.

8 CCR 1504-7-6

40 CR 13, July 10, 2017, effective 8/1/2017