Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.19 - Restricted Information Application Submission and Review Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Application forms. All persons requesting
				access to RCRI must complete and submit the application form provided by the
				commission. This application must indicate the type of information to which
				access is desired, the nature of the proposed research and any special user
				requirements during access, the name of the person desiring access, when access
				is needed, and for how long. For student applications, a letter is also
				required from a sponsoring professor, verifying the applicants' legitimate
				scientific need for access.
(b)
				Curriculum vitae. To prove his or her credentials for access, an applicant who
				is not a member of the Texas Archeological Stewardship Network must also submit
				a current curriculum vitae to the commission, if such a document is not already
				on file with the commission.
(c)
				Access agreement. The applicant must also agree to the terms of the access
				agreement provided by the commission and submit it. A copy of the access
				agreement document will be kept on file at the commission.
(d) Initial review by the THSA Coordinator.
				The THSA Coordinator reviews all applications and vitae for completeness and
				will notify the applicant of any additional information required.
(e) Consideration of qualified application.
				When all required application information has been received and reviewed, the
				THSA Coordinator will either rule on access relative to criteria set forth in
				§
									RSA 24.17<subdiv>(a)</subdiv>
				of this title (relating to Criteria for Access to Restricted Information), or
				forward the application to the access committee. If the applicant is approved
				for RCRI access under §
									RSA 24.17<subdiv>(a)</subdiv>
				of this title, the THSA Coordinator will notify the applicant of this approval
				within 10 working days. The access committee will review all applications
				requiring further consideration for qualification within 20 working days of
				receipt under §
									RSA 24.17<subdiv>(b)</subdiv>
				of this title, and the THSA Coordinator will notify the applicant of the
				committee's decision.
(f) Denial of
				application. If an application is denied, the THSA Coordinator will notify the
				applicant in writing or through electronic submission of the reasons for
				denial. Any appeals of these decisions must be made before the commission at
				one of its regularly scheduled public meetings.
(g) Registration of approved applicant. The
				THSA Coordinator will register the applicant as an RCRI user, and a notice
				documenting registration will be forwarded to the registered RCRI user. The
				commission will also supply the applicant with a THSA Access Account, which
				will enable the applicant to access the restricted portion of the THSA
				database.
(h) The commission may
				conduct an investigation to verify any information submitted on an
				application.
(i) False information.
				If the access committee determines that an applicant provided false information
				on an application, the committee will take the following actions.
(1) Recommend denial of the
				application.
(2) Notify the
				applicant of the information considered to be false and give the applicant a
				reasonable period of time, not to exceed 30 days, to respond.
(3) If, upon examination of the applicant's
				response, or failure to respond, the access committee determines that false
				information was knowingly provided on the application, the access committee may
				recommend to the commission that the applicant be denied access to RCRI for a
				period not to exceed two years.
(4)
				The commission may consider and act on this recommendation at any regular or
				called meeting of the commission. The applicant will be given notice of at
				least seven days of the intent to consider the application at the
				meeting.