Section 0400-02-09-.04 - PENALTIESAny violation of these rules of management of such properties will be subject to the following penalty:
(1) Unauthorized excavation-Misdemeanor-Title 1; Chapter 15, § 11-1505. The State of Tennessee reserves to itself the exclusive right and privilege of field archaeology or lands, institutions, and commissions in order to protect and preserve archaeological and scientific information matter and artifacts. No person or organization, including any other agents or agencies of the State of Tennessee, unless acting as a duly authorized agent of the Division of Archaeology shall excavate upon any site situated on lands owned or controlled by the State of Tennessee or any agency thereof. All artifacts, photographs and records obtained on state properties, or state controlled properties, shall remain the property of the State Division of Archaeology subject to the decision of the State Archaeologist and the Advisory Council, and shall be maintained in public repositories to be agreed upon. Any person, corporation, society, or organization conducting explorations or excavations upon lands owned or controlled by the State or any agency thereof without having first obtained a permit from the State Archaeologist shall be guilty of a misdemeanor.(2) Defacement of Sites or Artifacts-Misdemeanor-Title I; Chapter 15, § 11-1506. In order that sites and artifacts on State owned or controlled land shall be protected for the benefit of the public, it is hereby made a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface mutilate, destroy, or otherwise injure any objects of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as misdemeanors according to provisions of this chapter.(3) Violations-Penalties-Title I; Chapter 15, § 1512. All acts expressly declared herein to be illegal, prohibited or deemed misdemeanors shall, upon conviction of the person for engaging in the conduct thus prescribed, be punished as misdemeanors, and the person guilty thereof shall for each violation be fined not less than $50.00 nor more than $200.00 or imprisoned in the County jail for not less than 10 days or more than 6 months, or both.Tenn. Comp. R. & Regs. 0400-02-09-.04
Original Rule filed April 10, 1979, effective July 30, 1979.Authority: T. C. A. § 4-317, 11-1505, 11-1506, 11-1512.