§ 54-7-800 — License; suspension, revocation, or restoration; grounds for revocation; notice and hearing; appropriation of data and artifacts recovered as result of violation.

(A) The institute may suspend operations under a license at any time for just cause if it has reason to believe that the terms and provisions of a license or other applicable law or regulation are being violated. Within ten days of the suspension, the State Underwater Archaeologist or his designee shall begin investigating the facts underlying a suspension. Upon conclusion of this investigation, the State Underwater Archaeologist shall issue a written determination recommending either that the license be restored or that the license be revoked. If the State Underwater Archaeologist recommends revocation of the license, then the license shall remain suspended until the matter is resolved as provided in this section. (B) The State Underwater Archaeologist may revoke a license for: (1) failure to begin work under the terms of the license within the first one-third of the period of the license; (2) failure to work diligently toward completion of the project after it has been started or failure to maintain a presence on the site if weather permits; (3) if a licensee knowingly makes or causes to be made a false statement or report that is material to an action taken by the institute; (4) failure to comply with any of the provisions of the license; (5) violation of this article or any other pertinent law or regulation; or (6) when a license has been issued based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this article. (C)(1) The institute shall serve a notice of intent to revoke a license upon the licensee with a brief statement of the reasons alleged. (2) The licensee may request a hearing within thirty days of receiving the notice by filing a written request for a hearing with the institute. (3) The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act. (D) The institute or anyone authorized by the institute may appropriate any artifacts and data that have been collected or recovered as a result of a violation of this article. The appropriated artifactual materials must be managed, cared for, and administered by the institute and the appropriated paleontological materials must be managed, cared for, and administered by the museum until a hearing can be held.

Legislative History

HISTORY: 1991 Act No. 169, SECTION 1; 2002 Act No. 364, SECTION 9, eff September 26, 2002. Effect of Amendment The 2002 amendment, in subsections (A) and (B), substituted "State Underwater Archaeologist" for "State Archaeologist".