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<regulation prefix="Regulation" num=".06" citation="COMAR 34.04.03.06" title_num="34" subtitle_num="04" chapter_num="03" heading="Issuance of Permits; Conditional Approval; Denial and Reconsideration.">
  <paragraph num="A.">
    <text>Types of Permits.</text>
    <paragraph num="(1)">
      <text>The Trust may issue an intensive survey permit or a data recovery permit. A permit is exclusive to the applicant so that, for the duration of the permit and any applicable exclusive interest period, the Trust may not issue a permit to any other person for the same location.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An intensive survey permit may be issued to an applicant to carry out an intensive survey for the purpose of:</text>
      <paragraph num="(a)">
        <text>Delineating the boundaries of a specific location which the applicant believes may contain submerged archeological historic property; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter for applicability of these regulations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A data recovery permit may be issued to an applicant to conduct data recovery on submerged archeological historic property if the applicant has submitted evidence of submerged archeological historic property as a result of an intensive survey permit previously issued by the Trust for the same location.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The evidence in §A(3) of this regulation shall include, as applicable:</text>
      <paragraph num="(a)">
        <text>Documentary evidence, including all primary and secondary sources consulted;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remote sensing data; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Artifacts recovered from a proven site context.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Conditional Approval of Permit Applications. The Trust may approve a permit application but delay issuance of the permit until one or more of the following conditions have been satisfied within a time period determined by the Trust:</text>
    <paragraph num="(1)">
      <text>The applicant has designated and, if required, placed into escrow the costs associated with the Trust's monitoring of the permitted activity, if monitoring is required by the Trust under Regulation .07B of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The applicant has identified and received the Trust's approval of the facility proposed to conduct conservation of any recovered artifacts.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In the case of a data recovery permit, the Trust and the applicant have agreed upon all issues of disposition and title to submerged archeological historic property which may be recovered by the applicant.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The applicant has furnished the Trust with a form of assurance acceptable to the Trust and adequate to guarantee that if activity under the permit is interrupted or abandoned, the necessary archeology, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the Trust. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the Trust. The type and amount of assurance may be negotiated between the applicant and the Trust, but the amount normally shall be a sum equal to at least five times the amount budgeted and approved by the Trust for field recovery, unless a lesser amount is determined by the Trust to be acceptable.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Any other condition the Trust considers necessary has been satisfied.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Denial of Permits. If the Trust determines not to issue a permit, the Trust shall issue a notice of denial.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Reconsideration. An applicant may request reconsideration of a denial by submitting a request to the Secretary if received within 30 days following the date of the Trust's denial notice. The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Hearing.</text>
    <paragraph num="(1)">
      <text>A person aggrieved by the decision of the Secretary may request a hearing in accordance with COMAR 05.01.01.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The hearing shall be held in accordance with the provisions of COMAR 05.01.01 for the hearing of contested cases.</text>
    </paragraph>
  </paragraph>
</regulation>