Code of Massachusetts Regulations
950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Title 950 CMR 70.00 - Massachusetts Historical Commission
Section 70.12 - Response to Permit Applications

(1) The State Archeologist shall review all Permit Applications. In reviewing the application, the State Archeologist shall consider the adequacy of the Research Design, the adequacy of the Research Team vis a vis the Research Design, the past performance of the Principal Investigator, and the justification for the use of the archeological property.

(2) Upon receipt of a Permit Application, the State Archeologist will review the application and supporting documentation, and will inform the applicant in writing within ten working days whether the application is complete. The State Archeologist will review and act upon complete permit applications without delay. Every reasonable effort shall be made to either grant or deny a permit within 20 working days. Unless the State Archeologist denies a permit within 60 days after receipt of a Complete Permit Application, the permit will be considered granted.

(3) When the State Archeologist denies an applicant a permit to conduct a field investigation she/he shall issue a written statement describing the deficiencies in the Permit Application and the reasons for denial of permit.

(4) An applicant may appeal a denial of a permit by the State Archaeologist by filing a Notice of Appeal with the Massachusetts Historical Commission within 21 days. The Commission may appoint a Hearing Officer to conduct a hearing and may base its decision on the report of the Hearing Officer. Although M.G.L. c. 30A, § 9 does not require application of the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.00, because the Commission is not an agency "within the executive offices", nevertheless the Formal Rules, 801 CMR 1.01, shall apply to all Commission adjudicatory proceedings.