Code of Massachusetts Regulations
312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources
Section 2.12 - Permit Suspension, Modification or Revocation
Current through Register 1531, September 27, 2024
A permit may be modified, suspended or revoked for cause, including but not limited to, presentation or discovery of new evidence, violation of the law or of 312 CMR 2.00, violation of any of the terms or conditions of the permit, obtaining the permit by misrepresentation or failure to disclose all relevant facts, lack of activity, or activity that jeopardizes underwater archaeological resources.
(1) Suspension. If, in the Board's judgment, continued activity jeopardizes underwater archaeological resources, the Board may suspend a permit. The Board may vote to suspend a permit for cause without first holding a hearing, but upon suspension the permittee may request a rehearing or judicial review in accordance with M.G.L. c. 30A, § 14. Once notice of suspension has been served on the permittee, all reconnaissance or excavation activity under the permit shall cease immediately, and permittee shall act so as to preserve and protect all underwater archaeological resources associated with the permitted activity.
(2) Modification. After notice to a permittee and an opportunity to be heard at a public meeting, the Board may modify a permit for cause. The Board shall promptly notify the permittee in writing of any modifications and the reasons therefore. A special use permit cannot be modified into a reconnaissance or excavation permit.
(3) Revocation. In the event that the Board intends to revoke a permit, the Board shall show cause for revocation.
