New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.21 - PERMITTEE PERFORMANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				CPRC, the state archaeologist, the SHPO and the state agency may assess the
				quality of archaeological or research work conducted or completed by a
				permittee at any time by conducting field visits or by reviewing reports, site
				forms and related materials for compliance with survey, test excavation,
				excavation and monitoring standards or for compliance with terms and conditions
				of the permit.
B. Unacceptable or
				substandard performance may be considered as either a minor or major deficiency
				and shall be documented in writing consistent with this section.
(1)
Minor deficiencies.
Minor
				deficiencies in the report or site documentation are errors that do not cause
				the basic findings of the report or site documentation to be questioned but
				indicate that the permittee was careless in assembling the report and site
				documentation. Minor deficiencies include, but are not limited to, minor or
				typographical mistakes in legal descriptions, inconsequential mistakes
				regarding land ownership status, improperly labeled maps, poor quality control
				in report preparation or preparation of NMCRIS forms, failure to submit
				required reports in a timely manner or in conformance with this rule, 4.10.14
				NMAC, 4.10.15 NMAC, 4.10.16, NMAC, or 4.10.17 NMAC, and mistakes in the
				pre-field check resulting in sites or registered cultural properties not being
				reported within 500 m of the APE.
(2)
Major deficiencies.
Major
				deficiencies in reporting or fieldwork include but are not limited to:
(a) failure to identify registered cultural
				properties and previously recorded archaeological sites, historic structures
				and buildings and other cultural properties in the APE or project area during
				the pre-field records check;
(b) a
				pattern of failure to identify or recognize site(s) and registered cultural
				properties during survey;
(c) a
				pattern of recording a site as an isolate or a collection of
				isolates;
(d) a pattern of
				incompletely recording a site or drawing inaccurate site boundaries;
(e) actual on-the-ground survey coverage
				varying from what is reported;
(f)
				use of unauthorized personnel to perform fieldwork or prepare NMCRIS
				documentation;
(g) providing false
				information;
(h) conducting
				fieldwork without obtaining the appropriate permit;
(i) a pattern of failures to submit required
				reports in a timely manner or in conformance with 4.10.8 NMAC;
(j) failure to make scheduled payments to
				ARMS for access to NMCRIS and survey registration fees; the registrar at ARMS
				shall notify HPD of accounts in arrears;
(k) failure to make payments to the
				curatorial facility for collections that were accepted by the repository, a
				pattern of submitting collections that are not accepted owing to insufficient
				preparation, or causing undue problems for the repository in processing the
				collections for curation;
(l)
				failure to notify the state agency of the archaeological investigation, or not
				obtaining an easement or other written permission to enter state land trust
				lands; and
(m) substantial or
				material mistakes in legal descriptions or regarding land ownership
				status.
(n) failure to register the
				project in NMCRIS or submit digital and paper records in conformance with
				4.10.19.9
				NMAC.