webrev: 07/2005
ARIZONA STATE MUSEUM
A. RULES IMPLEMENTING A.R.S. §41-865 DISTURBING HUMAN REMAINS OR FUNERARY OBJECTS ON LANDS OTHER THAN STATE LANDS [PDF]
"Director" is the Director of the Arizona State Museum.
"Coordinator" is the member of the Museum's Archaeology Division who has been identified by the Director as being responsible for coordinating the Museum's response to the provisions of A.R.S. §41-865.
"Funerary Objects" means any objects discovered in proximity to Human Remains and thought to have been deposited with the Human Remains at the time of interment.
"Group" is a group with a cultural or religious affinity to the Human Remains or Funerary Objects and includes any Tribe that has submitted a written claim of affinity or any other group that has cultural affinity in light of all the relevant evidence.
"Human Remains" are the physical remains of individuals deceased in excess of 50 years, in contexts indicative of interment or other deposition during funerary processes or in other contexts exhibiting depositional integrity. These include the following cases:
More than one substantially intact bone or, alternatively, accumulations of fragmented bones that are likely to be human, in close association with one another;
Any other instance of Human Remains in contexts consistent with known prehistoric or historic patterns of disposition of Human Remains after death.
"Landowner" is the individual, partnership, or corporation having legal title to the property on which Human Remains are reported to be present; or a lessee, or an agent designated to act on behalf of the landowner or lessee with respect to actions that might disturb Remains as defined here and with respect to compliance with the provisions of A.R.S. §41-865 and these rules.
"Notice of Intent to Disturb" is the required report by the Landowner to the Coordinator of the unintentional disturbance of Remains or the intent to disturb Remains. Such report must be in writing and is effective upon receipt by the Coordinator.
"Remains" include Human Remains and associated Funerary Objects.
"Report of Remains" means a written report describing the following:
"Removal of Remains": Identification of the names and Group or institutional affiliations of individuals participating in removal; date(s) of activity and the site. Context and identification of Remains including the location from which Remains were removed, specifically identified by county and legal description and including ASM site number if available; cultural identification of the Remains and descriptions of features or materials used in making that determination; map showing geographic location from which Remains were removed; specific context of Remains, type of feature; photograph or, alternatively, detailed drawings showing all Remains identified and removed; inventory of Remains, including number of human bones and bone fragments and inventory of any associated objects, identified as specifically as possible.
"Disposition of Remains": Identification of names and Group or institutional affiliations of individuals participating in disposition; date(s) of disposition; and type of disposition (reburial, curation, or other). Identification of Remains including the confirmation that Remains were received as listed in the removal inventory; or a complete list of Remains received for disposition. If the location of disposition is reburial on tribal lands where permanent protection is feasible or if the final disposition is curation in a repository, the reservation or repository should be identified; and if disposition is reburial on state or private lands, specific location of the reburial with a legal description and a map showing the reburial location should be provided.
"Respect and Dignity" include the following aspects of treatment:
Avoidance of any unnecessary disturbance of Remains and Objects;
Avoidance of alienation of Remains and Objects;
Avoidance of physical modification of Remains and Objects;
Avoidance of any attempt to receive monetary benefit from Remains and Objects;
Consultation and cooperation with Groups with Religious or Cultural Affinity regarding treatment and disposition of Remains and Objects, and return of Remains and Objects to such Groups when requested.
"State Lands" means lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state.
"Tribe" means any federally recognized tribal government.
8-102 General Rights and Obligations with Respect to Remains
Remains are to be treated at all times with Respect and Dignity.
No individual shall sell or otherwise benefit financially from the sale of any Remains.
Any person who has reason to believe that Remains are likely to exist in an area to be excavated or otherwise disturbed is under a duty to proceed with due care in any activities that might disturb such Remains.
8-103 Landowner Duty to Report
Any Landowner having intention to disturb Remains on lands other than State Lands or federal lands, or having unintentionally disturbed such Remains, shall immediately cease any disturbance of Remains and shall promptly notify the Coordinator in writing of such disturbance or intent to disturb.
In the Notice of Intent to Disturb, the Landowner shall identify the proposed action, the location of the proposed action, the observed characteristics of the Remains, and shall request permission to disturb such Remains.
Such notification shall serve as permission for access by Coordinator or her/his agents to the lands in question for purposes of implementing these procedures.
Parties other than the Landowner reporting disturbance of Remains to the Museum will be referred to the Landowner and/or to the appropriate law enforcement authorities.
8-104 Museum Response to Landowner Notice
Upon receipt of a Notice of Intent to Disturb, the Coordinator will make an initial assessment about the existence of Remains and the applicability of these procedures.
If the Coordinator concludes that Remains are not involved, or that A.R.S. §41-865 does not apply to the disturbance, the Landowner shall be so advised. If Human Remains less than 50 years old are involved, the Coordinator may refer the Landowner to appropriate civil authorities, such as the county medical examiner.
If the Coordinator concludes that Remains are or may be involved, and that A.R.S. §41-865 is applicable, the Landowner shall be advised that the statute and these procedures are applicable.
The Coordinator will attempt to obtain from the Landowner a written agreement to avoid further disturbance to the Remains.
If such agreement is not possible, the Landowner and the Coordinator may enter into an agreement to extend the time available for recovery of Remains.
If the Landowner is unwilling or unable to agree to such an extension, the Landowner shall take no action for ten working days from the Coordinator's receipt of the Notice of Intent to Disturb without the prior written permission of the Coordinator.
If the Landowner is unwilling or unable to avoid disturbance of the Remains, the Coordinator shall notify any Groups that have filed with the Director a claim of affinity as to the cultural group or geographic area in question or that have a prior agreement with the Director regarding responsibility for Remains.
The Landowner may proceed with activities having the potential to disturb Remains following termination of any agreement with Coordinator to extend the time for recovery of Remains, or if no such agreement exists, after ten working days from the Coordinator's receipt of the Notice of Intent to Disturb, but Landowner continues to be obligated to treat the Remains with Respect and Dignity.
8-105 Groups Taking Responsibility for Remains Prior to Removal
A Group wishing to take responsibility for the Remains prior to removal must contact the Coordinator within two working days of receipt of notification from the Coordinator, confirming its intention to accept responsibility. Notification by facsimile or notification by telephone to be followed within two working days by written notification is permitted.
Upon taking responsibility for Remains, the Group shall proceed to insure the removal of those Remains within ten working days of Coordinator's receipt of the Notice of Intent to Disturb from the Landowner.
The Group taking responsibility for Remains shall notify the Landowner of the approximate time and circumstances that the property will be entered for purposes of implementing A.R.S. §41-865.
The Group taking responsibility for Remains shall submit a Report of Remains to the Coordinator within two months of the date of the removal of the Remains.
8-106 Removal of Remains In Absence of Group Taking Responsibility
If it is necessary to remove the Remains before a Group has taken responsibility for the Remains, and if there are appropriate financial resources available, the Coordinator may make arrangements for Museum staff to remove the Remains using standard scientific procedures and to inventory and store for safekeeping the Remains at Arizona State Museum pending determination whether a Group wishes to take responsibility for the Remains.
A Report of Remains documenting removal of Remains shall be prepared and filed with the Coordinator within two months from the date of removal of the Remains.
8-107 Disposition of Remains after Removal
Following removal of Remains pursuant to section V above, and within six months of receipt of the Notice of Intent to Disturb, the Coordinator shall notify all potential Groups and researchers who are known to have a research interest in the specific Remains.
A Group wishing to take responsibility for the Remains shall notify the Coordinator within six months of its intention to take responsibility for reburial of the Remains.
If more than one Group notifies Coordinator that it wishes to take responsibility for the Remains, or if a researcher notified pursuant to subsection A above expresses an interest in the Remains, the Coordinator shall consult with such parties for the purpose of encouraging agreement as to the disposition of the Remains. If the competing Groups are not able to decide on a mutually acceptable disposition of the Remains, the Director may determine the Group with the closest affinity to the Remains in light of all the relevant evidence.
The Group given responsibility for the Remains shall submit a Report of Remains documenting disposition of Remains within two months of the date such Group is given possession of the Remains.
If no Group notifies Coordinator that it wishes to take responsibility for the Remains within one year of the Notice of Intent to Disturb, the Director may arrange for reburial at an appropriate site or may provide for their permanent safekeeping at the Museum, subject to later requests for repatriation under state or federal law.
8-108 Funding of Associated Costs
Landowners may, but are not required to, accept all or part of the financial responsibility for removal and disposition of the Remains.
The Acquisition and Preservation Fund may bear the cost of removal, preservation, or reburial of Remains when the Landowner is unable or unwilling to do so and when no Group has accepted responsibility for the Remains, if funds permit.
No payment or reimbursement from the Fund will be made without prior written authorization from the Coordinator.
Any payments from the Fund to those providing assistance in implementing the terms of these procedures are at the discretion of the Director.
A Group taking responsibility for Remains assumes full financial responsibility for preservation or reburial of the Remains. The Group may also reimburse the Arizona State Museum or the Acquisition and Preservation Fund for the costs of removal prior to such Group taking responsibility for the Remains.
8-109 Arizona State Museum Assistance
Upon request by Landowners and to the extent resources are available, Arizona State Museum personnel, or consultants qualified to produce a Report of Remains, may provide assistance in prior evaluation of the potential for disturbance of Remains. If field investigations are necessary as part of such evaluations, the Landowner must reimburse the Arizona State Museum for all expenses incurred.
Groups claiming responsibility for Remains prior to removal may request assistance by Arizona State Museum personnel or consultants qualified to produce a Report of Remains, in the removal, documentation or preservation of Remains according to standard archaeological procedures. Such assistance must be fully reimbursed.
When no Group accepts responsibility for the Remains, the costs incurred by the Museum will be reimbursed by the Landowner, if the Landowner is willing and able to do so, or by the Fund for Acquisition and Preservation.
8-110 Development of Prior Agreements
The Director may enter into agreements with Groups or Tribes for the efficient implementation of these procedures.
The Coordinator will attempt to promptly identify and contact Groups in the state that might wish to claim affinity and accept responsibility for Remains discovered within designated geographic areas in the state.
Such agreements may include designation of a Group Representative capable of acting on behalf of the Group in taking action with respect to the treatment of Remains.
Such agreements will provide for the disposition of the Remains with Respect and Dignity.
All parties entitled to notice under this article shall be consulted prior to execution of an agreement pursuant to this section.
Such agreements may be terminated by either party.
The Director may enter into agreements with public and private entities for the efficient implementation of these procedures.
Such agreements may be made before discovery of individual Remains when such Remains can reasonably be expected to be found.
Such agreements may delegate administrative aspects of compliance with these Procedures, subject to the decision-making authority of the Director.
Agreements shall specify requirements for reporting to the Coordinator implementation of delegated aspects of compliance.
Such agreements will provide for the disposition of the Remains with Respect and Dignity.
Such agreements may be terminated by either party.
Tribes that may be affected by an agreement shall be notified of the existence of the agreement at the time it is executed.
B. RULES IMPLEMENTING A.R.S. § 15-1631 AND 41-841, ET SEQ.
THE ARIZONA ANTIQUITIES ACT [PDF]
Definitions
The following definitions shall apply in this Chapter unless the context requires otherwise:
"Affinity" means the condition of relationship established through membership in a common cultural group.
"Applicant" means an institution, organization or corporation organized for scientific, research, or land-use planning purposes that seeks to obtain a permit.
"Archaeological site" means any area with material remains of past Indian or non-Indian life or activities that are of archaeological interest, including without limitation, historic or prehistoric ruins, burial grounds, and inscriptions made by human agency.
"Archaeological specimen" is defined in A.R.S. §41-841.
"Collect" means to remove an object from its location without disturbing the ground at or around that location.
"Collection survey" means a survey that may, but need not, involve the actual collection of archaeological or paleontological specimens.
"Director" means the Director of the Arizona State Museum or an official designee of the Director.
"Excavate" means to effect any disturbance of the ground, including movement of earn or stone.
"Excavation" means a field activity involving ground disturbance for the purpose of intensive examination of subsurface remains, including testing for the purpose of site evaluation.
"Explore" means to pursue any activity with the purpose of locating, recording, or investigating any archaeological or paleontological site.
"Kinship" means the condition of relationship by traceable descent from a common ancestor.
"Lands owned or controlled by the State" means lands owned or controlled by the State of Arizona or by any agency, instrumentality, or political subdivision of the State of Arizona, including any county or municipal corporation.
"Non-collection survey" means a survey that does not include the collection of archaeological or paleontological specimens.
"Paleontological site" means any area in which paleontological specimens are found.
"Paleontological specimen" means a fossilized plant or animal or fossilized evidence of a plant or animal, such as a footprint.
"Permit" means an Arizona Antiquities Act Permit for Archaeological or Paleontological Investigations on Lands Owned or Controlled by the State as required by A.R.S. §41-841.
"Permittee" means an institution, organization, or corporation to which a permit is issued.
"Preservation" means permanent protection from disturbance of an archaeological or paleontological site in situ, of scientific data recovery to preserve the information and specimens contained in the site.
"Principal investigator" means the person with overall administrative responsibility for a project.
"Project director" means the person immediately in charge of directing all phases of a project.
"Public repository" or "repository" means an institution that permanently houses an provides curatorial services for scientific or historical collections and records for the benefit of the public.
"Survey" means an activity with the purpose of locating, identifying, and evaluating archaeological or paleontological sites without causing any disturbance of the ground.
General Coverage
The Rules and Regulations set forth in this Section shall be applicable to all persons, institutions, organizations, or corporations who seek to undertake those activities set forth in A.R.S. §41-841.
No person, institution, organization, or corporation shall undertake any activity proscribed in A.R.S. §41-841 until a permit is first secured from the Director of the Arizona State Museum.
8-202 Permit Application and Review
Types of permits issued.
A "Project-specific Permit" is issued for a single survey or excavation project to be conducted at a location specified in the permit application. A project-specific permit is valid for no more than one year from the first day of the effective period of a permit.
A "Blanket Permit" is issued to allow more than one survey to be conducted under a single permit without specification in the application of the exact areas to be surveyed. A blanket permit is issued only for survey and is valid for no more than one year from the first day of the effective period of a permit. Only a project for which all reporting requirements, including a final report, will be completed within 90 days of the initiation of the project may be undertaken using a Blanket Permit.
Permit Application Requirements.
Except a discussed in number 3 below, no permit shall be issued until written application is made to the Director.
A permit application shall include the following:
An indication of whether the application is for a project-specific permit or a blanket permit.
The official name of the applicant and the address of applicant's headquarters or principal place of business.
The name, title, address, and telephone number of the principal investigator for the permit. A current curriculum vitae for this individual shall be included with the application unless a current vitae is already on file at the Arizona State Museum.
The name and title of the project director. A blanket permit application shall list all project directors who may be covered under the permit. A current curriculum vitae for each project director shall be included with the application unless a current vitae is already on file at the Arizona State Museum.
The type or types of investigations for which permission is requested, selected from the following list:
archaeological non-collection survey
archaeological collection survey
archaeological excavation
paleontological non-collection survey
paleontological collection survey
paleontological excavation
If a permit application requests authorization for collection or excavation, the application shall name the public repository in which all collected archaeological or paleontological specimens and all project records will be preserved in perpetuity. If the public repository is an institution other than the applicant institution, a copy of a signed curation agreement between the applicant and the repository shall be included with the permit or already be on file at the Arizona State Museum.
The location of proposed investigation. Blanket permit applications may request survey authority effective for the entire State, or may restrict the request to a portion of the State. Project-specific permit applications shall specify the location of the proposed project. If the project is on surveyed lands, the description shall be by subdivision of the Public Lands Surveys.
A project-specific permit application that requests authorization for survey shall include a general description of the work for which the permit is requested. For any project, the Director may require a more detailed research design, plan of work, or project budget.
A project-specific permit application that requests authorization for excavation or testing must include a detailed research design and a statement of total project costs which includes the proportion of those costs allocated for the curation of materials recovered.
The application shall propose a period during which the investigations would be conducted.
The application shall propose a date by which a project report will be delivered to the Arizona State Museum. If collections are made under a permit, a statement from the repository acknowledging receipt of all project materials in satisfactory condition must also be delivered by this date.
The application shall include a description of the provisions that will be made by the applicant for publication or other distribution of the results of all work conducted under the permit.
Unless such a document is already on file at the Arizona State Museum, the application shall be accompanied by a current statement of the nature and legal status of the applicant institution, organization or corporation, its scientific affiliations, and a description of the general scope and character of its activities and objectives.
The application shall be signed and dated by the person with general responsibility for the activities carried out under the permit, or an official designee of this individual.
The Director may issue a permit in the absence of a completed, written application where a delay could cause damage to an archaeological or paleontological site or where the interests of the State would be served by such prompt action. Where a permit is issued under such emergency conditions, a completed, written application in the form prescribed in Subsection B above shall be submitted within 30 days after issuance of the permit, and the failure to provide such application shall be a basis for revoking the permit.
Review of Permit Applications.
Criteria. A permit application is reviewed by the Director based on the following criteria:
The adequacy of the facilities of the applicant for purposes of satisfying these Regulations.
The quality of the work performed in the past by the applicant.
The applicant's record of compliance with the Arizona Antiquities Act and Regulations promulgated under the Act.
The professional qualifications of the principal investigator, including a demonstrated competence in managing and administering research projects.
The professional qualifications of the project director, including for archaeological projects:
A graduate degree in anthropology or archaeology, or equivalent training or experience.
A demonstrated ability to plan and conduct research based on contemporary archaeological method and theory.
At least four months of supervised field experience in survey, four months in excavation, and at least four months additional experience in artifact identification and the analysis and synthesis of archaeological data.
At least one year of full-time professional experience at a supervisory level in the study of archaeological remains.
The professional qualifications of the project director, including for paleontological projects:
A graduate degree in paleontology or geology, or equivalent training or experience.
A demonstrated ability to plan and conduct research based on contemporary paleontological method and theory.
At least four months of supervised paleontological field experience and at least four months additional experience in the identification, analysis, and synthesis of paleontological date.
At least one year of full-time professional experience at a supervisory level in the study of paleontological remains.
The adequacy of the named repository if a repository is required.
The effect the proposed work would have on the archaeological or paleontological sites investigated.
Review procedures.
A permit application is reviewed by the professional staff of the Arizona State Museum who shall make a recommendation to the Director.
The final decision to grant or deny a permit rests with the Director.
The Director may request additional information from the applicant in order to evaluate the application.
If a permit is requested for excavation, the Director may request comment on the application from the agency, instrumentality, or political subdivision of the State that has jurisdiction over the land.
The Director may request comment on the application from Indian or other cultural groups that may be affected by or particularly concerned with activities conducted under the permit.
The Director may request a peer review of the application, and may request comments from the State Historic Preservation Officer or affected individuals, institutions or organizations.
Completed permit applications shall be approved or denied by the Director within thirty days of their receipt by the Arizona State Museum, but passage of more than thirty days shall not give the applicant an automatic right to receive a permit.
If a permit is granted, a copy of the permit signed by the Director shall be sent to the applicant along with a copy of these Regulations.
If a permit is denied, written statement of the reasons for denial signed by the Director shall be sent to the applicant.
Permits.
A permit shall be issued in writing by the Director and shall include the following:
The type of permit.
The name of the permittee.
The date of the permit application.
The name, title and address of the principal investigator for the permit.
The names of the project director or project directors.
The type or types of archaeological or paleontological investigations for which the permit is granted.
If a permit authorizes collection or excavation, the name of the public repository in which all collected specimens and project records will be preserved in perpetuity.
The location of permitted activity.
The effective period of the permit, which represents the period during which the field work may be conducted.
The permit report due date, which represents the date by which a project report and, if necessary, a repository receipt shall be delivered to the Arizona State Museum.
Any special conditions that may be required by the Director.
The permit shall be dated and signed by the Director.
A permit need not be granted under the exact conditions requested in the application.
Any use of a permit to conduct archaeological or paleontological investigations on lands owned or controlled by the State constitutes acceptance of the conditions of the permit and of these Regulations.
Amendments to permits.
Portions of a permit may be amended at the discretion of the Director, as follows:
The principal investigator and/or project directors may be changed.
The project location may be changed.
The permit report due date may be extended.
Special conditions of the permit may be changed.
Requests for amendments to the permit shall be made in writing to the Director.
An amendment to a permit is made through a letter signed by the Director and is effective immediately once it has been signed. A copy of any amendment shall be sent to the permittee.
Permit revocation.
A permit may be revoked by the Director at any time for the following reasons:
Failure to begin work under a project-specific permit within six months after it is granted.
Failure to diligently pursue such work once it has been started.
Failure to meet professionally accepted standards for archaeological or paleontological investigations in the permitted work as described in Section 8-203(C) & (D).
Failure to comply with the conditions governing the permit as detailed in these Regulations, including the conditions prescribed in 8-204(O).
Failure to comply with the regulations of the State Land Department in working on State Land.
Failure to comply with applicable State or Federal law in the conduct of the permitted work.
Failure to provide a completed, written application as required by Section 8-202(B)(3).
Except as provided in Paragraphs a and b below, no revocation will be effective until the permittee is first provided notice and an opportunity for a hearing pursuant to Section 8-207 of these Regulations.
Where the Director finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in his order, summary suspension of a permit may be ordered pending proceedings for revocation or other action.
Where the ground for revocation of permit is that set forth in paragraph g of Subsection 1 above, no hearing either before or after revocation, is required.
An order of revocation properly issued by the Director without prior notice or hearing is effective upon mailing by certified mail, return receipt requested, to the permittee's address as shown by the records of the Director.
8-203 Conditions for Work Under Permits.
General conditions of field work.
All field work shall be done during the effective period of the permit.
Surveys and excavation shall be conducted in such a manner as to meet current professional standards as described in 8-203 (C) and (D).
Unless specific alternative arrangements are approved in writing by the Director, a permittee receiving a permit for excavation shall, after completion of the fieldwork, restore lands upon which is has worked, to the satisfaction of the State officer in charge.
Carrying permits and inspection of field work.
Except as provided in b below, each field crew working under a permit shall at all times, carry a copy of the permit authorizing the work being conducted. If no member of the field crew is named on the permit as the principal investigator or project director, the permit shall be accompanied by a letter signed by the principal investigator or project director that specifically authorizes at least one member of the field crew to work under the permit.
A field crew working under a permit is not required to carry a copy of the permit if the permit has not yet been received and the permit was either issued on an emergency basis, as provided for in 8-202(B)(3), or approval has been otherwise obtained from the Director to begin work before receipt of the permit. In either case the permittee shall take reasonable steps to obtain a copy of the permit as quickly as possible.
The Director may examine at any time the permit of any person claiming privileges granted by a permit and may fully examine all work being conducted under the permit, including examination of specimens and records obtained during the project.
Any law enforcement officer with proper jurisdiction, and any officer in charge of lands owned or controlled by the State may at any time examine the permit of any person claiming privileges granted by a permit and may fully examine all work being conducted under the permit.
Blanket permit project notification.
Before any project is conducted under the authorization of a blanket permit, a written notification of the work to be conducted shall be sent to the Director that includes the following information:
The name of the permittee.
The permit number under which the work is to be conducted.
The name of the project director.
The date of the notification.
The period during which field work will be conducted.
The project sponsor, project name, and when appropriate, the project number.
The project location.
No acknowledgment or other approval of this notification need be obtained for work to begin.
Survey
Survey may be conducted with different levels of intensity as appropriate to research goals and management requirements. The following standards apply to all permitted surveys:
Prior to the initiation of field studies the temporal, cultural and functional classes of archaeological or paleontological sites likely to be found within the project area shall be identified and current research questions for the area shall be reviewed.
A field strategy appropriate to identify the classes of remains likely to be found and to contribute to an understanding of the history, prehistory or paleontology of the are shall be formulated.
The intensity of field inspection shall be dependent upon the objectives of the survey. However, in all clearance surveys conducted in connection with proposed or approved actions that would result in significant ground disturbance:
The level of survey intensity shall be sufficient to ensure identification of all sites visible on the surface of the ground.
Where appropriate, the survey shall provide for methods to maximize the likelihood that classes of sites not amenable to identification through survey will be found through use of such techniques as ethnographic study, consultation with artifact collectors or rock hounds, and remote-sensing. When subsurface testing appears necessary to identify sites in the area, an excavation permit shall be required.
Excavation
The following standards apply to all permitted excavations:
A research plan shall be developed for each excavation project. The plan shall identify specific project goals and take into account the relevant research questions for the classes of sites to be excavated. It shall identify field techniques and analytical strategies to be employed that are appropriate to achieve these research goals. If portions of a site can be preserved in place, this shall be considered in design of excavation projects.
An excavation program shall employ methods that will ensure full, clear, and accurate descriptions of all excavated contents. To the extent feasible, the methods shall take into account the possibility that future researchers will need to use the recovered data to address problems not recognized at the time the data were recovered. Stratigraphic and associational relationships, environmental relationships, excavation techniques, recording methods and analytic techniques shall be described in such a way as to allow future researchers to reconstruct what was done, what was observed, an why.
In order for recovered data to be useful, it shall be made available to scholars and planners in usable forms. Normally, the following products are expected from an excavation program:
Raw data in the form of field notes, journals, photographs, data recording forms, and where appropriate, magnetic tapes of data that are completely documented with respect to format and contents.
Digested data in the form of tables, charts, graphs and, where appropriate, computer generated tabulations or manipulations of the date.
Scholarly and other articles or monographs utilizing the results of the work for analytic or public-interpretive purposes.
To the extent feasible, excavation programs shall provide for public participation, through arrangements for public inspection of the work in progress, the use of volunteers, and cooperation with local educational programs.
General reporting requirements.
For each project-specific and blanket permit, and for each project conducted under a blanket permit, the permittee shall submit a separate report and separate sets of records, unless otherwise authorized in writing by the Director.
A set of basic records described in 8-203(F) shall be completed for each project.
A management report, as described in 8-203(G), is required for each clearance survey project that involves less than 640 acres or less than 10 linear miles.
A research report, containing the information specified in 8-203(H), is required for every project that does not submit a management report. This includes all excavation projects, surveys greater than 640 acres or more than 10 linear miles, and non-clearance survey projects regardless of size.
A blanket permit summary report, as described in 8-203(I), is required for each blanket permit.
All project records and reports shall be delivered to the Director on or before the permit report due date.
Each set of records and reports sent to the Director shall be accompanied by a separate letter or form with the following information:
The name of the permittee.
The permit number to which the records apply.
For blanket permits, the project name, project sponsor and project number if available.
A list of the records and reports being submitted.
All project and summary reports shall be types or otherwise printed.
All project and summary reports shall be submitted in two copies.
Basic records.
A permittee shall submit typed, completed Arizona State Museum Site Cards (or alternate forms approved in writing by the Director) for all sites located or examined by the survey or excavation project. Site cards shall be updated for sites that have been previously recorded.
The permittee shall submit a completed Arizona State Museum Site Inventory Form or an alternate form that has been approved in writing by the Director.
The following survey records shall be submitted for each survey project:
A typed, completed Arizona State Museum Survey Project Form or an alternate form that has been approved in writing by the Director. This form describes the survey area and methods. This form shall be completed regardless of whether any sites were located by a survey.
Originals or copies of portions of the U.S.G.S. 7.5' or 15' maps showing the area surveys. These maps shall accompany the Survey Project Form. These maps shall clearly show the survey boundary and the location of each site located.
Information included in management reports.
Introduction. The introduction shall identify the project sponsor, briefly describe the project for which clearance is desired, and list the permits authorizing archaeological work.
Project location.
A complete description of the project location shall be provided.
Ownership of land shall be clearly indicated. Complex, multiple ownership situations shall be clarified through use of tables or coded maps.
A map of the project area shall be supplied.
Survey methods. A description of the survey methods including the intensity of the survey, the names of the individuals employed in actual field work, and the dates of the fieldwork.
Archaeological or paleontological remains. A description of the archaeological or paleontological remains at each of the sites located or examined.
Evaluation of effects of the proposed project. A full description of the probable effects of the proposed project on the identified site shall be presented. If possible, measures to minimize the destruction of remains shall be suggested. This information shall be present on a site-by-site basis or in tabular form.
Evaluation of significance. An evaluation of significance in terms of the criteria for eligibility for the State and National Registers of Historic Places shall be provided for all archaeological sites that will or may be affected by the proposed project.
Information included in research reports.
Abstract.
Introduction.
The project sponsor shall be identified and the permits authorizing the work, the project personnel, the dates of the fieldwork, and a description of general project location and project goals shall be included.
Project location.
A complete description of the project location shall be provided.
Ownership of land shall be clearly indicated. Complex, multiple ownership situations shall be clarified through use of tables or coded maps.
A map of the project area shall be supplied.
Background to the study area.
Environmental description. General discussions of environmental settings may be brief and their content determined by the nature of the undertaking described in the report.
Cultural-historical background. A discussion of a study area's prehistory and history need be presented only when it will aid in the understanding and evaluation of the reported research.
Research plan.
Identification and justification of research goals, themes and questions shall be presented.
New goals identified during course of research shall be discussed.
Data gathering strategies selected for the research project shall then be related to these goals. The following topics shall be addressed:
Explanation of field strategy (e.g. rationale for sampling design).
Evaluation of investigation constraints that may bias the results, such as limitations of access or poor ground visibility.
Description of data collection techniques (such as crew spacing, screen size, and size of test pits).
Description and justification of classification methods, methods of chronological determination, specialized environmental studies, and other analytical methods and techniques.
Archaeological or paleontological remains. A description of the archaeological or paleontological remains at each of the sites located or examined.
Analysis of research results.
Digested and analyzed data are presented in narrative and tabular form.
Analyzed data are related to stated goals.
Interpretation of perceived patterns.
Additional requirements for research reports for clearance or mitigation projects.
Evaluation of effects of the proposed project. A full description of the probable effects of the proposed project on the identified archaeological or paleontological sites shall be presented. If possible, measures to minimize the destruction of remains should be suggested. This information should be presented on a site-by-site basis or in tabular form.
Evaluation of significance. An evaluation of significance in terms of the criteria for eligibility for the State and National Registers of Historic Places shall be provided for all of the archaeological remains that will or may be affected by the proposed project.
Blanket permit summary report requirements.
In addition to the basic records and the management and research reports required for each survey project, each holder of a blanket permit must submit two copies of a summary report on or before the permit report due date.
This report shall consist of a list of all projects conducted under the blanket permit. The summary report should list the following information for each project:
The permit number.
The project sponsor, project name, and where applicable, the project number.
The date of the written notification of the work under the blanket permit as described in 8-203(B).
A complete bibliographic reference, including the author, title and any publication information for all reports and other published and unpublished manuscripts describing the projects.
If by the permit report due date there are reports for projects conducted under the authority of a blanket permit that have not been completed, a request for an extension of the permit report due date must be made to the Director.
If no projects were conducted under the blanket permit, a letter indicating this fact shall serve as a blanket permit summary report.
Receipt from the repository.
If the project requires a repository and a repository other than the permittee is to be used, then on or before the permit report due date, the Director must receive a signed receipt from the repository indicating that the collections have been accepted by the repository in satisfactory condition.
8-204 Disposition of Collections and Records
Definitions.
The following definitions shall apply in this Article:
"Human remains" means all portions of a human body that remain preserved after funerary treatment and decomposition.
"Interment" means a collection of human remains from one or more individuals intentionally entombed or buried in the earth.
"Records" means all written, photographic, or otherwise encoded information obtained as part of the permitted activity. Records include, without limitation, field notes, field recording forms, photographic negatives and prints, maps, analysis records and reports.
Permits and repositories.
An applicant for a permit requiring a repository must indicate in the application the public repository in which all archaeological or paleontological specimens and all records from the permitted project will be preserved in perpetuity. An applicant institution may use its own facilities for curation or may submit with its application a signed repository agreement with a public repository.
No permit shall be issued where an application lists a repository that the Director determines is not a public repository or does not meet the standards for repositories established here. In evaluating the listed repository, the Director may require an inspection of the repository's curatorial facilities prior to issuing a permit.
Public repository.
A public repository must provide reasonable public access for exhibit or for study of the collections and records in its care, custody or control. A public repository must have a permanently employed professional curatorial staff appropriate to the size and scope of its collections.
Permanence of the repository.
Because the repository must agree to the curation of the specimens and records in perpetuity, there must be a reasonable expectation, as determined by the Director, that the repository will be able to continue to exist and adhere to these standards for the foreseeable future.
Repository agreements.
A repository agreement is a written statement from a public repository agreeing to serve as a repository for a permit applicant and to preserve in perpetuity all specimens and records produced in connection with projects undertaken by a permittee under State permit. The repository must also explicitly agree to abide by the curation standards established here.
Applicant institution repository.
The same curation standards apply to a permittee using its own facilities for curation as applies to a repository providing these facilities as a service. In either case, the repository institution must be public. Through acceptance or use of a permit, a permittee indicates its agreement to preserve all archaeological or paleontological specimens and all records in perpetuity and to abide by the standards established here.
Inspection of the repository.
The curatorial facilities, collections, and records obtained under a permit and preserved in the repository shall be available for inspection on request of the Director or a designated representative at any time during normal business hours.
Accession and documentation.
All specimens and records resulting from the permitted activity must be accessioned, inventoried, and fully documented by the repository. Accession and catalog records are considered to be part of the records that must be permanently preserved.
Conservation.
The repository must have access to adequate facilities and qualified personnel to apply conservation techniques necessary to prevent serious deterioration of specimens obtained in a permitted project. All specimens and records obtained in a permitted activity shall receive proper handling and treatment to ensure their preservation.
Storage.
The repository must have adequate space in storage facilities with a controlled environment for the protection and preservation of its collections and records. All collections obtained under a permit must be stored under conditions that fully protect them from the elements and from vermin, that ensure their preservation, and guarantee their security and physical accessibility.
Any repository charged with the care or custody of religious objects, human remains, or funerary offerings shall maintain them in keeping with the dignity and respect to be accorded all American Indian and other such objects or human remains, with due consideration for specific applicable cultural or religious traditions.
Temporary loans.
Temporary loans of collections or records obtained under a permit may be made to other institutions without permission from or notification to the Director, providing that all loan transactions are fully documented in the records of the repository, and the collections are returned within 5 years from the date of the original loan.
Transfer and disposal of collections.
Once accessioned, no specimens or records obtained under permit may be disposed of or transferred for a period of more than five years without written permission of the Director. Requests for any such disposal or transfer shall be made in writing to the Director, and shall include a description of the collections to be disposed of or transferred and the reasons for this action. The Director shall not approve requests for disposal of collections unless the materials have been adequately studied and recorded.
Dissolution of repository.
In the event that an institution housing collections from lands owned or controlled by the State is dissolved, all collections and records resulting from a permitted activity shall revert to the custody of the Arizona State Museum. In this eventuality, the Arizona State Museum may become claimant to the remaining assets of the institution to the extent of the costs incurred by the Arizona State Museum in the transfer of the collections and records from the repository.
Determination of failure to comply with requirements for repositories.
The Director shall determine whether a repository is in compliance with the requirements set forth herein and shall report to the head of the repository any substantial failure of the repository to comply with these requirements.
Failure to comply during the effective period of a permit.
If a repository for a permitted project should be determined to be out of compliance with these requirements during the effective period of a permit, the person in general charge of the permitted project shall be notified by the Director. In this case, it shall be the responsibility of the permittee to ensure that the conditions at the repository are promptly remedied so that the repository meets these standards. Alternately, the permittee may, with the consent of the Director, obtain a repository agreement with another repository and effect the transfer of all project collections and records to the new repository. If the Director determines that sufficient action has not been taken to meet these standards, the Director shall revoke the permit. Subsequent to the revocation of a permit, should a transfer of the collections be deemed necessary, the deficient repository shall be liable for the cost of this transfer.
Failure to comply after termination of a permit.
If a repository holding collections obtained under permit should be determined to be out of compliance at any time after the termination of the permit, at the discretion of the Director, the repository may be given a reasonable time period to correct the deficiencies, or the collections may be transferred to the Arizona State Museum or another repository as soon as is practicable. Should a transfer of the collections be deemed necessary, the deficient repository shall be liable for the cost of this transfer.
Ownership of collections.
All collections of archaeological or paleontological specimens and all project records that are acquired under the authority of a permit or that result from permitted activities remain the property of the State of Arizona regardless of the repository institution.
8-205 Duty to Report Discoveries
Discovery of Human Remains, Sacred Ceremonial Objects, Objects of National and Tribal Patrimony
Definitions. The following definitions shall apply in this Article:
"Coordinator" is the member of the Museum's Archaeology Division who has been identified by the Director as being responsible for coordinating the Museum's response to the provisions of A.R.S. §41-844.
"Funerary Objects" means any objects discovered in proximity to Human Remains and thought to have been deposited with the Human Remains at the time of interment.
"Group" is a group with a cultural or religious affinity and means any of the following:
In the case of Human Remains or Funerary Objects, any Tribe that has submitted a written claim of affinity or any other Group or Tribe that has cultural affinity in light of all the relevant evidence;
In the case of a Sacred Ceremonial Object, a Group whose religious observances traditionally have utilized such an object;
In the case of an Object of National or Tribal Patrimony, a Group whose past or present government or traditional cultural organization was or is associated with the object.
"Group Representative" means the agent of any Group designated by the governing body of the Group to act on its behalf with respect to the provisions of A.R.S. §41-844.
"Human Remains" are the physical remains of individuals deceased in excess of 50 years, in contexts indicative of interment or other deposition during funerary processes or in other contexts exhibiting depositional integrity. These include the following cases:
More than one substantially intact bone or, alternatively, accumulations of fragmented bones that are likely to be human, in close association with one another;
Any other instance of Human Remains in contexts consistent with known prehistoric or historic patterns of disposition of Human Remains after death.
"Objects of National or Tribal Patrimony" means inalienable items of historical or cultural significance to tribal groups.
"Person in Charge" means any person in charge of any survey, excavation, construction or other like activity on any lands owned or controlled by this state, by a public agency or institution of the state, or by any county or municipal corporation within the state.
"Relative" is a person with a direct kinship relationship to the Remains.
"Remains" include Human Remains, any Remains thought to be Human Remains, associated Funerary Objects, Sacred Ceremonial Objects and Objects of National or Tribal Patrimony.
"Report of Remains" means a written report describing the following:
"Removal of Remains": Identification of the names and Group or institutional affiliations of individuals participating in removal; date(s) of activity and the site. Context and identification of Remains including the location from which Remains were removed, specifically identified by county and legal description and including ASM site number if available; cultural identification of the Remains and descriptions of features or materials used in making that determination; map showing geographic location from which Remains were removed; specific context of Remains, type of feature; photograph or, alternatively, detailed drawings showing all Remains identified and removed; inventory of Remains, including number of human bones and bone fragments and inventory of any associated objects, identified as specifically as possible.
"Disposition of Remains": Identification of names and Group or institutional affiliations of individuals participating in disposition; date(s) of disposition; and type of disposition (reburial, curation, or other). Identification of Remains including the confirmation that Remains were received as listed in the removal inventory; or a complete list of Remains received for disposition. If the location of disposition is reburial on tribal lands where permanent protection is feasible or if the final disposition is curation in a repository, the reservation or repository should be identified; and if disposition is reburial on state or private lands, specific location of the reburial with a legal description and a map showing the reburial location should be provided.
"Respect and Dignity" include the following aspects of treatment:
Avoidance of any unnecessary disturbance of Remains and Objects;
Avoidance of alienation of Remains and Objects;
Avoidance of physical modification of Remains and Objects;
Avoidance of any attempt to receive monetary benefit from Remains and Objects;
Consultation and cooperation with Groups regarding treatment and disposition of Remains and Objects, and return of Remains and Objects to such Groups when requested.
"Sacred Ceremonial Object" means an object traditionally utilized in religious observances.
"Significant Scholarly Interest" means research within the past ten years under permit of the State of Arizona for archaeological or historical investigations or application for such permit.
"Tribe" means any federally recognized tribal government.
Duty to Report Discoveries
Any Person in Charge shall report to the Director within three working days, except as provided in B below, any archaeological, paleontological or historical site or object that is at least 50 years old and that is discovered in the course of survey, excavation, construction or other like activity.
The Person in Charge shall immediately take all reasonable steps to secure the preservation of the site by immediately stopping all activity destructive to the site and by securing the site from vandalism, theft, erosion and other harmful disturbance.
If Remains are not involved, then the Director shall evaluate the site and make recommendations for preservation. If the discovery is made by a permittee or any individual acting on behalf of the permittee while engaged in work at a site covered by an unexpired permit issued to the permittee, permitted work at the site may proceed without delay or further evaluation by the Director.
If the objects discovered appear to be Remains, the Person in Charge shall identify the proposed activity, the location of the proposed activity, the observed characteristics of the Remains, and shall make a written request to the Director for permission to disturb such Remains.
Where Person in Charge is operating pursuant to a valid permit issued under these Regulations, and Remains are not involved, the regular reporting requirements for the permit shall constitute adequate notification to the Director.
Initial Response to Notices of Discovery of Remains
Upon receipt of notification of discovery of Remains, the Coordinator will make an initial assessment about the existence of Remains and the applicability of these procedures.
If the Coordinator concludes that Remains are not involved, or that A.R.S. §41-844 does not apply to the discovery, the Person in Charge shall be so advised.
If the Coordinator concludes that Remains are or may be involved, and that A.R.S.§41-844 is applicable to the discovery, the Person in Charge shall be advised that the following procedures are applicable.
The Coordinator, to the best of her/his ability, shall give notice of the discovery to the following:
All individuals that may have a direct kinship relationship to the Remains;
All Groups that have claimed affinity under subsection C below;
All other Groups that it is reasonable to believe may have a cultural or religious affinity to the Remains;
Appropriate members of the curatorial staff of the Arizona State Museum;
Individuals who have a significant scholarly interest in the Remains;
The State Historic Preservation Officer;
If American Indian Remains are involved, the Tribes that occupy or have occupied the land on which the discovery is made, as well as the Arizona Commission on Indian Affairs, and the Intertribal Council of Arizona.
Tribes that wish to be notified pursuant to this section shall keep on file with the Director lists of the cultural groups and geographical area with which they claim affinity.
Removal of Remains
The Remains shall be left undisturbed unless it is necessary to remove Remains in order to permit continuation of work on a construction project or similar project.
The authority to determine the disposition and treatment of Remains shall not be exercised in a manner that would unreasonably delay completion of a construction project or other project.
If it is necessary to remove Remains pursuant to subsections A and B above, Arizona State Museum personnel or their agents may remove Remains and transport them to the Arizona State Museum where they will be inventoried and stored for safekeeping.
A Report of Remains documenting removal of Remains shall be prepared and filed with the Coordinator within two months from the date of removal of the Remains.
Disposition After Removal
Within six months of notification to the Coordinator of a discovery of Remains, and if there is no prior agreement regarding treatment, the Coordinator shall convene a meeting of notified persons and Group Representatives to discuss the most appropriate disposition of the Remains.
At the meeting, the Coordinator shall encourage agreement among all participants regarding the most appropriate disposition and treatment of the Remains.
An agreement may include a decision to curate or rebury materials subject to conditions or limitations, a decision to engage in scientific analysis before repatriation or reburial, or any other appropriate disposition.
Any agreement reached shall determine the disposition and treatment of the materials, and the Coordinator shall oversee its implementation.
If no agreement is reached within six months of the meeting described above, the following procedures shall apply.
If Human Remains or Funerary Objects are involved, they shall be disposed of and treated in accordance with the wishes of the nearest Relative or Group if no Relative is identified.
If Sacred Ceremonial Objects or Objects of National or Tribal Patrimony are involved, disposition and treatment shall be in accordance with the wishes of the governing body of the Group.
If no Relative or Group is identified, the Remains shall be reburied in a place as similar and close as possible to their original burial site.
If the Remains have scientific value, they may be curated by the Arizona State Museum or other authorized repository for a period of one year, after which they shall be reburied.
If Human Remains or Funerary Objects of American Indians are involved, reburial shall be undertaken in cooperation with the Tribe located nearest the place where the Remains were discovered.
Reburial may, with the Tribe's consent, take place on that Tribe's reservation.
The one year period for scientific curation may be extended with the Tribe's consent.
If Sacred Ceremonial Objects or Objects of National or Tribal Patrimony are involved, the Director shall decide on the most appropriate disposition and treatment.
Where American Indian materials are involved, the determination shall be made in consultation with Group Representatives of appropriate Tribes.
Where a Group takes responsibility for Remains prior to removal, the Group shall submit a Report of Remains to the Coordinator within two months from the date of the removal of the Remains.
Where a Group takes responsibility for Remains after removal of Remains, the Group shall submit a Report of Remains documenting disposition of Remains within two months from the date it is given possession of the Remains.
Curation
Any repository charged with the care of Remains shall maintain them with appropriate Dignity and Respect and with consideration for the specific cultural religious traditions applicable to the Remains.
Relatives or Groups to whom any Remains are given shall be responsible for insuring that they are treated with Dignity and Respect.
Dispute Resolution
Persons who believe that the provisions of A.R.S. §41-844 have not been properly applied, and Groups or Tribes with conflicting claims of affinity to the same Remains that are not able to agree on the disposition or treatment of such Remains, shall give written notice of their claims to the Coordinator and to all other parties entitled to notice under these procedures.
The parties shall meet within 15 days of receiving the notice and attempt to agree on the designation of a third party to assist in the resolution of the dispute.
If the parties cannot agree within 15 days on a third party, the State Historic Preservation Officer shall serve in that capacity.
The adverse parties shall attempt to reach a resolution with the assistance of the third party.
If a resolution cannot be reached within 90 days of the designation of the third party, the third party shall resolve the dispute. In making determinations concerning claims of affinity, consideration shall be given to all the relevant evidence of affinity.
Any party may appeal a decision within 30 days to the Superior Court in the county in which the subject of the dispute is located.
Remains and Objects in the Possession of the State
If a written request is made by a Tribe for the reburial or repatriation of Remains in the possession and ownership or control of an agency of this State as of the effective date of this statute, the requirements of these procedures apply as if the Remains had been discovered after the effective date of this statute.
Funding of Associated Costs
The expense of any removal, curation or reburial pursuant to this article that is required as the result of a construction project or similar project shall be borne by that project.
Reburials made in order to satisfy the wishes of a Relative or Group shall be by and at the expense of the Relative or Group.
The Director shall have discretion to determine reasonable expenses associated with reburial and to allocate such expenses between the parties in subsections A and B above.
Arizona State Museum Assistance
The Person in Charge may request assistance of Arizona State Museum personnel, or consultants qualified to produce a Report of Remains, in prior evaluation of the potential for disturbance of Human Remains. The construction project or similar project shall bear the costs of such assistance, including field examinations, if necessary.
Parties other than the Person in Charge reporting disturbance of Remains to the Museum will be referred to the Person in Charge and to the appropriate authorities.
Development of Prior Agreements
The Director may enter into agreements with Groups or Tribes for the efficient implementation of these procedures.
The Coordinator will attempt to promptly identify and contact Groups in the State that might wish to claim affinity and accept responsibility for Remains discovered within designated geographic areas in the State.
Such agreements may include designation of a Group Representative capable of acting on behalf of the Group in taking action with respect to the treatment of Remains.
Such agreements will provide for the disposition of the Remains with Respect and Dignity.
All parties entitled to notice under this article shall be consulted prior to execution of an agreement pursuant to this section.
Such agreements may be terminated by either party.
The Director may enter into agreements with public and private entities for the efficient implementation of these procedures.
Such agreements may be made before discovery of individual Remains when such Remains can reasonably be expected to be found.
Such agreements may delegate administrative aspects of compliance with these Procedures, subject to the decision-making authority of the Director.
Agreements shall specify requirements for reporting to the Coordinator implementation of delegated aspects of compliance.
Such agreements will provide for the disposition of the Remains with Respect and Dignity.
Such agreements may be terminated by either party.
Tribes that have requested notice pursuant to subsection III(C) above shall be notified of the existence of such agreements at the time they are executed.
8-206 Authority to Waive Regulations.
Waiver of Regulations
The Director may waive any Regulations set forth in this Section upon a written determination that such waiver is necessary for the preservation of archaeological or paleontological sites, remains, or records, and that the interests of the archaeology of Arizona would best be served by such waiver. A written notice of any waiver of these Regulations shall be mailed promptly to the affected permittee.
8-207 Rules of Practice and Procedure before the Director.
Scope of Article
These Rules of Practice and Procedure govern the procedures to be followed with respect to:
Hearing upon denial of a permit.
Hearing in connection with revocation of a permit.
These Rules shall be constructed to secure the just, speedy and inexpensive determination of every such proceeding.
In connection with any particular proceeding, reference shall also be made to any special procedural requirements prescribed by statute or by other Articles in this Chapter, which special requirements, if applicable, shall govern.
Definitions.
In this Article, unless the context otherwise requires:
"Applicant" means an institution, organization or corporation organized for scientific, research or land use planning purposes which seeks to obtain a permit.
"Arizona State Museum" means that State museum referred to in A.R.S. 15-1631 and which is directed and managed by the Arizona Board of Regents.
"Contested case" means any of the proceedings referred to in 8-207(A)(1).
"Director" means the Director of the Arizona State Museum or an official designee of the Director.
"Hearing Officer" means the person appointed by the Director pursuant to 8-207(J) to hear a contested case and make recommendations to the Director.
"Party" means the Arizona State Museum and each person named or admitted as a party in a contested case.
"Permit" means an Arizona Antiquities Act Permit for Archaeological or Paleontological Investigations on Lands Owned or Controlled by the State of Arizona as required by A.R.S. §41-841 et seq.
"Person" means any individual, partnership, corporation, association or public or private organization.
"University Counsel" means the Head University Attorney for the University of Arizona or his duly appointed assistant.
Appearance and practice before the Director.
Any person may appear in his own behalf or by counsel.
The University Counsel shall act as the representative of the Arizona State Museum in any proceeding before the Director brought under this Article and shall have the duty to present evidence and arguments on behalf of the Arizona State Museum.
When an attorney, other than the University Counsel, intends to appear before the Director, he shall promptly advise the Director of his name, address and telephone number and the address of the person on whose behalf the appearance is made.
Filing; service.
All papers allowed or required to be filed with the Director shall be personally filed at the office of the Director or may be mailed, pursuant to Subsection 4, to the Director of the Arizona State Museum, University of Arizona, Tucson, Arizona 85721. No papers shall be deemed filed until actually received by the Director.
Unless otherwise provided by these Rules, copies of all papers filed shall, at or before the time of filing, be served on the hearing officer, if any, the University Counsel and all parties to the proceeding.
Whenever under these Rules service is required or allowed to be made upon a party represented by an attorney, the service shall be made upon the attorney, unless service upon the party himself is ordered by the Director.
Service upon the attorney, or upon the party, shall be made personally, or by mail, by enclosing a copy thereof in a sealed envelope and depositing same, postage prepaid, in the United States mail, addressed to the party to be served or his attorney at the address as shown by the records of the Director. Service by mail is complete upon mailing.
All notices of hearings and final decisions issued by the Director shall be, when mailed, mailed by certified mail.
Every paper filed with the Director under these Rules shall be signed by the party filing it or by at least one attorney, in his individual name, who represents the party. The signature constitutes a certificate by the signer that he has read the paper, that to the best of his knowledge, information and belief there is good ground to support it, and that it is not interposed for delay.
Amendments.
Except where otherwise provided by Law or these Rules, the Director may amend any notice of hearing or prior order issued by the Director or permit the amendment of any answer where justice requires such amendment.
Time computations; enlargement.
In computing any period of time prescribed or allowed by these Rules, by order of the Director, or by any applicable statute, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
When by these Rules or by a notice given thereunder or by order of the Director, an act is required or allowed to be done at or within a specified time, the Director for cause shown may in his discretion, with or without a motion or notice, order the period enlarged, except that:
After the expiration of the specified period the Director may permit the act to be done only upon motion made and only where the failure to act was the result of excusable neglect.
In no event shall the Director extend the time for taking any action under Section 8-207(G) or Sections (1) or (5) of 8-207(N).
Commencement of proceedings; notice of hearing.
An applicant who is denied a permit by the Director without prior hearing or opportunity for hearing may file with the Director a request for hearing seeking review by the Director of the order of denial. Such a request for hearing must be filed with the Director within fifteen days of service of the letter or order to be reviewed and shall identify with specificity the action or order for which review is sought. If the party seeking review is represented by counsel, then the name, address and telephone number of the attorney should be included in the request for hearing.
In proceedings in which the Director is considering the revocation of a permit or upon the filing of a request for hearing under Subsection A, the Director shall issue a notice of hearing scheduling the matter for hearing in accordance with these Rules.
The parties in any hearing brought under this Article shall consist of at least the Arizona State Museum and either the applicant denied a permit or the permittee whose permit is sought to be revoked.
Answer to notice of hearing.
In any notice of hearing issued by the Director, the Director may indicate that one or more parties may file an answer to the assertions contained in the notice of hearing. Even though not directed to do so, any party may file such an answer.
Except where a different period is provided by the notice of hearing, the party directed to file an answer shall do so within twenty days after issuance of the notice of hearing. Where amendments to the assertions contained in the notice of hearing are made subsequent to the notice of hearing, one or more of the parties may be required to answer within a reasonable time the amended assertions.
If a party fails to file an answer required by this Rule within the time provided, such party shall be deemed in default and the proceeding may be determined against the party by the Director and one or more of the assertions contained in the notice of hearing may be deemed to be admitted.
Any defenses not raised in the answer shall be deemed to be waived.
Conferences; continuance of hearings.
The Director, on application of a party, or on his own motion, may call a conference with the parties at any time for the purpose of clarifying the procedural steps to be followed in a proceeding, or clarifying or limiting legal or factual issues involved in a proceeding.
The Director, on his own motion, or upon motion of a party and for good cause shown may continue or reschedule any hearing before the Director.
Depositions
Any party desiring to take a deposition shall file a written motion, setting forth the reasons why such depositions should be taken, the name and address of the witness, the matters concerning which it is expected to question the witness, and the documents, if any, sought to be produced and the time and place proposed for the taking of the deposition.
Any party desiring the issuance of a subpoena to compel the appearance of a witness or the production of documents at any hearing or deposition shall file a written ex parte application therefore setting forth the name and address of the witness, the matters concerning which it is expected to question the witness, the documents sought to be produced, and the time and place of the hearing or deposition.
The Director may, in his discretion, issue an order permitting a deposition to be taken or issue a subpoena, or both, consistent with the purpose and requirements of A.R.S. §41-1010.A.4.
Hearing officers.
The Director may appoint a hearing officer to hear any contested case. A hearing officer appointed by the Director may make all determinations and enter all orders and process which the Director is authorized to make or issue under these Rules or any other order necessary for the orderly conduct of the hearing except orders on motions for rehearing, final decisions or other orders or process which the hearing officer is specifically prohibited from entering by these Rules or by order of the Director.