16 Miss. Code. R. 3-11.2

Current through December 10, 2024

Rule 16-3-11.2 - Consultant List

Effective August 1, 2001, MDAH-SHPO will maintain a consultant list comprised solely of archaeologists and companies who meet the Secretary of Interiors minimum Standards for archaeology. Also effective August 1, 2001, MDAH-SHPO will only accept reports (Phases I, II and III) resulting from section 106 or antiquities law projects from individuals or companies who meet these standards. Federal and State archaeologists performing cultural resource work for their respective agencies, however, are exempt from this policy. Furthermore, a policy regarding probationary and permanent removal from the consultant list has also been devised.

A. Removal from List: Each consultant working in Mississippi is responsible for adhering to MDAH-SHPOs Guidelines for Archaeological Investigations and Reports in Mississippi. When MDAH-SHPO receives a deficient report, the report will be placed on hold, and the appropriate Federal agency, applicant, or licensee will be notified of its deficiencies. When the deficiencies are corrected, the report will receive clearance.

If a consultant's CRM reports are placed on hold three (3) times within one year, MDAH-SHPO will notify the consultant in writing and provide the consultant an opportunity for a hearing before the SHPO, Deputy SHPO, Chief Archaeologist, and Review and Compliance Officer before further actions, if necessary, are taken. If, at the conclusion of the hearing, a satisfactory explanation for the deficiencies has not been presented, the consultants name will be removed from the list, and his/her reports will not be accepted by MDAH-SHPO for one (1) year. At the end of one year, the consultant may submit a written request to MDAH-SHPO to have his/her name reinstated to the list.

B. Permanent Removal from List: Serious ethical and legal violations will result in the permanent removal of a consultant from the list and in the permanent refusal of MDAH-SHPO to accept the consultants reports. Again, the consultant will be notified of the problem/s in writing and provided an opportunity for a hearing before the SHPO, Deputy SHPO, Chief Archaeologist, and Review and Compliance Officer to appeal the permanent removal.

16 Miss. Code. R. 3-11.2

Miss. Code §§ 39-7-3, 25-59-1 (1972, as amended).