N.M. Code R. § 4.10.8.21 - PERMITTEE PERFORMANCE
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.
C. HPD
shall document unacceptable permittee performance by maintaining files
containing, but not limited to, the following kinds of documentation:
(1) written correspondence between HPD and
the permittee documenting deficiencies in fieldwork based on field visits;
deficiencies in reports, NMCRIS forms and related materials that do not adhere
to the applicable standards in 4.10.8 NMAC, 4.10.14 NMAC, 4.10.15 NMAC, 4.10.16
NMAC, 4.10.17 NMAC, and 4.10.19 NMAC; or deficiencies in complying with permit
terms and conditions;
(2) written
correspondence between the permittee and the state or federal agency
documenting deficiencies based on field visits and reviews of reports and
associated records;
(3) written
documentation of deficiencies in complying with permit terms and
conditions;
(4) copies of reports,
site records and other site documentation, such as maps and photographs, that
contain significant errors; and
(5)
written documentation by a federal agency revoking an archaeological
permit.
D. HPD or the
state agency may request revisions to the report and site documentation to
address minor or major deficiencies and shall document such requests in
writing. The permittee shall submit the revised report or site documentation to
HPD or the state agency. If the permittee does not provide the requested
revisions, the failure shall be documented in the permittee file.
(1) If the permittee's reports and other
documentation continue to contain inaccuracies, HPD and the state agency shall
provide technical assistance to help the permittee correct the deficiencies by
telephone call, letter, email, meetings, NMCRIS training or site visits. HPD
shall attend such meetings or participate in conference calls and shall prepare
a follow-up letter, addressed to the permittee and the state agency,
documenting what was discussed and the actions the parties agreed are
appropriate to correct the deficiencies.
(2) If the permittee continues to make the
same errors after assistance provided by HPD and the state agency, the failure
to improve shall be documented in the permittee's file and HPD may notify the
CPRC and the permittee.
(3) The
CPRC may place the permittee on probation in accordance with
4.10.8.22
NMAC.
(4) Upon successful
completion of probation, the permittee shall be added to the list of permittees
maintained by HPD.
E.
The permittee may write to the CPRC or request a meeting with the CPRC to
discuss concerns relating to HPD's documentation of the permittee's performance
at any time.
Notes
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