§ 54-7-710 — Criteria for determining whether to issue exclusive license; public hearing optional.

(A) The institute shall consider at least the following criteria when determining whether or not to issue an exclusive license: (1) the degree of archaeological, anthropological, historical, paleontological, and scientific importance and public educational potential of the proposed property including, without limitation, its eligibility for inclusion in the National Register; (2) the date the application was received in order to give priority to the first applicant requesting a license for a particular project location; (3) the degree and scope of planning undertaken by the applicant including project readiness and financial feasibility and commitment to undertake and complete the work; (4) the degree of training and experience of the applicant and his personnel, as well as his professional degrees and experience of his field archaeologist or field paleontologist in the field of maritime archeology or paleontology and underwater fossil recovery; (5) the extent to which the applicant's responses in the application are thorough; (6) the extent to which the applicant possesses, or will possess at the beginning of the work, the necessary equipment to undertake the license activity; and (7) the degree of public benefit to be derived from issuance of the license in relation to the degree of harm to the state's submerged archaeological historic property or submerged paleontological property to be expected from issuance of the license. (B) The institute may not issue an exclusive license under this article unless: (1) the institute has made a written determination that issuance of the license is in the best interest of the State; and (2) the institute has made a written determination that the applicant has submitted a complete application, including a research plan, in form and content satisfactory to the institute which satisfies all of the requirements of this section. (C) Accompanied by the applicant, a representative of the institute and/or the museum may visit the proposed project location to determine the license area boundaries and to confirm the information required. (D)(1) The institute may require a public hearing before a decision regarding the issuance of an exclusive license. (2) Public notice of an application must be posted in a prominent place at the institute and may be circulated to state, federal, and local agencies as appropriate. (3) The public hearing may be held at a location designated by the institute. (4) At a hearing the applicant shall present his application to the institute, agencies, and the public and allow questions, comments, and responses by these groups.

Legislative History

HISTORY: 1991 Act No. 169, SECTION 1; 2002 Act No. 364, SECTION 7, eff September 26, 2002. Effect of Amendment The 2002 amendment, in subsection (A)(4), substituted "and" for ";" following "applicant", added "as well as his professional degrees and experience" following "personnel", and substituted "of" for "or" preceding "his field archaeologist".