94-089-812 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 089-812-3 - CREDENTIALS

The SHPO recognizes that archaeological work can require a range of training and experience from modest levels to advanced levels. Persons meeting the requirements of advanced experience and training shall be eligible for both the Level 1 approved list and the Level 2 approved list. Those persons meeting only the criteria of moderate training and experience shall be eligible for the Level 1 approved list. Persons listed on the Level 1 approved list shall. be recommended by the Maine Historic Preservation Commission for Phase I archaeological survey work, archaeological site location, survey and data synthesis work for municipal planning, and reconnaissance-level state survey grants available in years where there is excess programmatic match provided by state and non-state funds. Persons listed on the Level 2 approved list shall be recommended for all types of work and grants available including Phase II and Phase III cultural resource management jobs, and they will be eligible to direct state and federally-funded survey grants, and state and federally-funded development grants. In addition, the Level 1 and Level 2 approved lists will be subdivided by specialty either in historic archaeology or prehistoric archaeology. A person may be listed on more than one approved list.

A. Credentials for listing on the Level 1 Approved list. Minimum requirements for listing on the Level 1 approved list shall include:

1. A Bachelor's degree in archaeology, anthropology, history, or similar field related to and concerned with the practice of field archaeology; and

2. At least one year of professional experience or equivalent specialized training in archaeological research and administration or management; and

3. Demonstrated ability to carry research to written completion; and

4. A minimum of one year's professional supervisory experience in prehistoric and/or historic archaeology fieldwork in northern New England within the previous ten (10) years; and

5. No record of illegal, unethical, and/or incompetent professional behavior; and

6. A letter of recommendation from one or more persons listed on the Level 2 MHPC approved list stating that the person is capable of completing Phase 1 archaeological survey or municipal planning archaeological tasks, and that the person has an adequate knowledge of northern New England historic and/or prehistoric archaeology to complete the task.

B.Credentials for Listing on the Level 2 Approved List

Requirements for listing on the Level 2 approved list shall include:

1. A graduate degree in archaeology, anthropology, or a closely related field; and

2. At least two years of full-time professional experience or equivalent specialized training in archaeological resource research, administration, or management; and

3. At least two years of supervisory field and analytical experience in general North American archaeology; and

4. A demonstrated ability to carry research to completion; and

5. At least one year of full-time professional experience at the supervisory level in the study of archaeological resources of the prehistoric and/or historic periods for, respectively, professionals in historic or prehistoric archaeology; and

6. A minimum of one year's professional supervisory experience in prehistoric and/or historic archaeology in northern New England; and

7. A record of timely release of results for public benefit; and

8. No record of illegal, unethical and/or incompetent professional behavior; and

9. A letter of recommendation from one person on the Level 2 approved list stating that the applicant has sufficient training and experience to complete the full range of tasks outlined above satisfactorily; and

10. Persons listed on the Maine Historic Preservation Commission's existing approved lists for historic and prehistoric archaeology at the adoption of these rules shall automatically be listed in the equivalent Level 2 list.

C.Application for Listing

Persons wishing to be listed in the Level 1 and/or Level 2 lists for either prehistoric and/or historic archaeology shall submit to the SHPO a complete and current resume, one or more letters of recommendation and such other information as the SHPO may require. The SHPO shall submit completed applications to either or both of the ACC subcommittees, as appropriate. The subcommittees shall then advise the SHPO as to whether in its opinion the applicant meets the criteria for eligibility set forth in subsection A or B, as applicable. The determination of the applicant's eligibility shall lie in the sole discretion of the SHPO. The SHPO may:

1. Grant eligibility;

2. Grant eligibility for a limited period of time subject to conditions;

3. Request additional information before acting on an application;

4. Pursuant to the Maine Administrative Procedure Act, 5 MRSA section8001 et seq., issue a notice of opportunity for hearing or a notice of hearing; or

5. Deny eligibility.

D.Revocation or Suspension of Eligibility

Eligibility may be suspended or revoked for one or more of the following reasons:

1. An eligible person has failed to conduct professional work in northern New England for a period of ten years;

2. An eligible person has failed to maintain a record of timely release of results for public benefit;

3. An eligible person has engaged in unethical or incompetent activities in connection with the practice of archaeology.

The SHPO may investigate any incident or circumstance which may constitute a basis for suspension or revocation of eligibility under this subsection. The SHPO may also seek the advice and assistance of the Archaeological Advisory Committee. Any action by the SHPO to revoke or suspend eligibility shall be brought by the SHPO pursuant to the Maine Administrative Procedure Act, 5 MRSA section8001 et seq. The determination of the appropriate course of action shall lie in the sole discretion of the SHPO.

94-089 C.M.R. ch. 812, § 3