<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 34.04.06.09" title_num="34" subtitle_num="04" chapter_num="06" heading="Transfer of Human Remains and Associated Funerary Objects for Study.">
  <paragraph num="A.">
    <text>In all instances where this regulation requires the Trust to send notice of a request to a person or group, the requirement only applies if through the exercise of due diligence the Trust is able to locate the person or group.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Requests for Transfer.</text>
    <paragraph num="(1)">
      <text>The Trust may upon written request transfer for study human remains or an associated funerary object identified in the inventory to a museum, institution of higher education, or scientific or historical institution or organization.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A request under this section shall include:</text>
      <paragraph num="(a)">
        <text>The identity of the remains or object as stated in the inventory;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Information sufficient to assess the reputation of the museum, institution, or organization;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A detailed description of the proposed study, including methodologies and techniques, research questions, and predicted results;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An explanation of how the study is an essential part of a scientific research project;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A plan and timetable not to exceed 1 year for completion of the study and return of the item to the Trust;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The professional qualifications of the principal personnel who will conduct the study;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>A plan that identifies the location and method of securely storing, safeguarding, and caring for the item during the study; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>A description of benefits of the study to the citizens of Maryland.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Requests for Items Culturally Affiliated with a Native American Tribe. The Trust shall deny a request made under §B of this regulation if the request is for the transfer of remains or an object that has a Native American cultural affiliation.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Requests for Items that Do Not Have a Native American Cultural Affiliation. Within 15 days of its receipt of a request made under §B of this regulation for transfer of remains or an object that does not have a Native American cultural affiliation, the Trust shall:</text>
    <paragraph num="(1)">
      <text>Send a copy of the request to:</text>
      <paragraph num="(a)">
        <text>Each lineal descendant identified in the inventory for the item requested;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Each group with a cultural affiliation identified in the inventory for the item requested;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Advisory Committee on Archeology; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The ethnic commission that represents the community with which the item is associated, if any; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Include with the copy instructions that the recipient of the copy may within 45 days submit in writing to the Trust a response that may include:</text>
      <paragraph num="(a)">
        <text>Comments on the request; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A statement as to whether the recipient approves or disapproves of the request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The Director may approve a request made under §B of this regulation for the transfer of other than Native American human remains or associated funerary objects if:</text>
    <paragraph num="(1)">
      <text>Subject to §F of this regulation, no person or group who receives notice under §D of this regulation informs the Trust in accordance with §D of this regulation that the person or group disapproves of the request;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Advisory Committee on Archeology and any ethnic commission has had an opportunity to review and comment on the request as provided under §D of this regulation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>As proposed in the request, the requester will complete the study and return the item to the Trust within 1 year of the date of transfer; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Director finds that the:</text>
      <paragraph num="(a)">
        <text>Requester is a reputable museum, institution, or organization;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Proposed study is an essential part of a scientific research project;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Results of the study will be of benefit to the citizens of Maryland; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Requester’s plan for storing, safeguarding, and caring for the item during the study is appropriate.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Disputes.</text>
    <paragraph num="(1)">
      <text>The Trust shall follow the procedures set forth in §F(2) of this regulation if the Trust receives responses under §D of this regulation from:</text>
      <paragraph num="(a)">
        <text>Multiple lineal descendants and there is a disagreement within the responses as to whether the request for transfer should be approved; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Multiple groups with a cultural affiliation, and no lineal descendant, and there is a disagreement within the responses as to whether the request for transfer should be approved.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>In the event of a dispute that falls within §F(1) of this regulation:</text>
      <paragraph num="(a)">
        <text>The Director shall make a request to the persons or groups that disagree on the request that they:</text>
        <paragraph num="(i)">
          <text>Attempt to come to a mutual agreement on the request; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Inform the Director within 60 days of the date of the Director’s request of any agreement reached between the persons or groups; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>If no agreement is reached under §F(2)(a) of this regulation, the Trust shall submit the request for transfer and all response received under §D of this regulation to a Burial Committee appointed in accordance with Regulation .04 of this chapter, which shall:</text>
        <paragraph num="(i)">
          <text>Review the request and responses; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Make a recommendation on the request to the Secretary.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For a dispute referred to a Burial Committee under this section, the Secretary shall:</text>
      <paragraph num="(a)">
        <text>Review the request, the responses, and the Burial Committee’s recommendation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Make a determination on the request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Within 150 days of receipt of a request made under §B of this regulation or as soon as practicable if disputes are resolved or reviewed under §F of this regulation:</text>
    <paragraph num="(1)">
      <text>The Director, or the Secretary as may be applicable under §F of this regulation, shall approve or deny the request; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Trust shall send written notice of the approval or denial to:</text>
      <paragraph num="(a)">
        <text>The entity that made the request; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All persons, groups, or entities who were sent a copy of the request under §D of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The Director may, for reasons determined appropriate by the Director, place conditions on a transfer made under this regulation, including to address comments received from the Advisory Committee on Archeology or an ethnic commission.</text>
  </paragraph>
  <paragraph num="I.">
    <text>A transferee of human remains or an associated funerary object under this regulation shall return the remains or object to the Trust within 1 year of the date of transfer unless:</text>
    <paragraph num="(1)">
      <text>The transferee submits to the Trust prior to the 1-year deadline an application for extension that includes:</text>
      <paragraph num="(a)">
        <text>A report that summarizes work completed on the project, including information on any preliminary results and tasks accomplished;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An explanation of the reasons for why the extension is needed;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A revised plan and timetable for completion of the study; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>For a study that involves remains or objects for which a lineal descendant has been identified, a statement of approval of the extension from the lineal descendant; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Director grants the extension, which:</text>
      <paragraph num="(a)">
        <text>Shall be based on a finding that the applicant for the extension has made a good faith effort to complete the study on time; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May not exceed an additional year.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>A decision on a request for transfer made by either the Secretary or the Director under this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>