Md. Code Regs. 34.04.03.17

Current through Register Vol. 51, No. 22, November 1, 2024

Section 34.04.03.17 - General Provisions

A. Public Information.

(1) Right to Retain Data.

(a) Subject to the provisions of the Maryland Public Information Act, State Government Article, §§ 10-611 -10-628, Annotated Code of Maryland, the Trust reserves the right to retain and distribute for research or educational purposes data provided to the Trust under these regulations.

(b) The Trust may not release any data pertaining to the location where objects were found or collected without the consent of the person who collected the data except that, in the case of a permit, the Trust may release locational data following the expiration of the permit and any applicable exclusive interest period.

(2) To the extent that information received by the Trust under these regulations is afforded protection under the Maryland Public Information Act, State Government Article, §§ 10-611 -10-628, Annotated Code of Maryland, the Trust shall maintain the information in accordance with the provisions of that Act.

B. State Not Liable-Indemnification.

(1) The State and the Trust may not be held liable or responsible for any accident, injury, or other harm sustained by any person or loss, damage, or harm to any vessel, equipment, or property in any way connected or associated with activities conducted on or about submerged lands with or without a permit.

(2) Permittees shall agree to protect, indemnify, and hold harmless the Trust and the State from and against any and all liabilities, suits, actions, claims, demands, losses, expenses, and costs of every kind and nature incurred by, or asserted or imposed against, the Trust or the State as a result of or in connection with the permit.

(3) Money expended by the Trust or the State as a result of liabilities, suits, actions, claims, demands, losses, expenses, or costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, is due and payable immediately and without notice by the permittee to the Trust or the State, as appropriate.

C. Program Administration.

(1) The Director or the Director's designee may take any action or make any decision required or permitted to be taken or made by the Trust under these regulations.

(2) The Trust may establish from time to time detailed program guidelines containing archeology standards, processing requirements, and other requirements or matters relating to the administration of these regulations.

D. Written Requirements. In order to be effective, all requests, notices, notifications, consents, and approvals required under this chapter shall be in written form.

E. Waiver. The Secretary may waive or vary particular provisions of these regulations if:

(1) The waiver or variance is not inconsistent with the Act and other pertinent legal authorizations for the Program, if any;

(2) In a written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and

(3) The Office of the Attorney General approves the waiver for form and legal sufficiency.

F. False Statements. A person who knowingly makes or causes to be made a false statement or report that is material to an action taken by the Director or the Trust is subject to provisions of Regulation .15A-D of this chapter.

Md. Code Regs. 34.04.03.17