(a)  A permit may be denied if the State Archeologist finds that:

(1)           the proposed investigations would represent an adverse effect, as defined in 36 C.F.R. 800.5(a)(1), to a unique or fragile natural resource, such as endangered plant or animal species;

(2)           the proposed investigations would interfere with the operation and management of an area;

(3)           the proposed investigations would pose a threat to public safety;

(4)           the applicant has not completed the terms and conditions of a previous permit; or

(5)           the results of the required criminal record check reveal one or more convictions listed in G.S. 70-13.1 or G.S. 125-25.1.

(b)  A permit may be suspended or revoked if the State Archaeologist, in consultation with the Department of Administration, finds that:

(1)           the terms and conditions of the permit have been or are being violated;

(2)           the permit applicant is convicted of a crime enumerated in G.S. 70-13.1 or G.S. 125-25.1;

(3)           the permit holder fails to comply with the rules in this Section or applicable State or federal laws; or

(4)           disclosure of information that the Department has determined would create a risk of harm in accordance with G.S. 70-18.


History Note:        Authority G.S. 70-13; 70-14; 121-23; 121-24; 121-25; 143B-10; 143B-62(1)(h);

Eff. June 1, 2017.