Current through Register Vol. 35, No. 11, June 11, 2024
Section 4.10.8.21 - PERMITTEE PERFORMANCEA. 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.4.10.8.21 NMAC - N, 10/01/05, Adopted by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/16/2019