Current through Register Vol. 35, No. 6, March 26, 2024
A.
Registrar: The registrar
shall:
(1) only disseminate information from
the records repository or NMCRIS that conforms with Section
18-6-11.1
of the Cultural Properties Act. If a release of information from the records
repository or NMCRIS does not conform with Section
18-6-11.1
or other laws, the registrar shall redact and not release that
information;
(2) make applications
available to the public on the HPD website or through other convenient method;
and
(3) grant access to the records
repository and NMCRIS by applying the standards in this rule. If the registrar
cannot determine whether an applicant is an independent researcher, qualified
user, or qualified institution, the registrar shall refer the application to
the SHPO for a final decision.
B.
Qualified institutions:
(1) Qualified institutions shall submit a
completed institutional agreement to HPD annually. The institutional agreement
is valid only for the calendar year in which it is executed. The qualified
institution shall designate the individual within the qualified institution who
has signatory authority to authorize qualified users to use the qualified
institution's account. The agreement shall require the institution to pay all
applicable fees for the authorized qualified users' uses of NMCRIS and the
records repository on the qualified institution's behalf.
(2) Qualified institutions shall submit an
individual account application for each qualified user authorized by the
qualified institution to represent it for purposes of accessing the records
repository and NMCRIS. Signed approval by the qualified institution on the
individual account application authorizes HPD to charge all applicable fees
under this rule to the qualified institution.
(3) Public agencies or tribal governments may
enter into a cooperative agreement with HPD in lieu of an institutional
agreement. Cooperative agreements shall specify conditions for access to and
use of NMCRIS and the repository that are consistent with the requirements for
institutional agreements, unless this rule expressly provides otherwise.
Entities may contact the registrar to negotiate a cooperative
agreement.
C.
Independent researchers: Independent researchers shall submit a
completed institutional agreement annually. The agreement is valid only for the
calendar year in which it is executed. The agreement shall indicate the
independent researcher's agreement to use the NMCRIS and repository only for
research that is uncompensated and that is for the independent researcher's own
benefit. Individuals working as paid consultants shall submit an institutional
agreement as a qualified institution and not as an independent
researcher.
D.
Qualified
users:
(1) Qualified users wishing to
access the records in the repository and NMCRIS shall be affiliated with a
qualified institution with a valid institutional agreement or a public agency
or tribal government with a cooperative agreement, or shall be an independent
researcher with a valid institutional agreement.
(2) Qualified users shall complete, sign, and
submit an individual account application to HPD. Upon receipt of a user name
and password from HPD, the qualified user may access NMCRIS online and may
access the records repository under the supervision of HPD staff. Qualified
users shall adhere to conditions in the individual account application for use
of the materials in the repository and NMCRIS.
(3) Qualified users shall not share user name
or password information with anyone and shall not otherwise allow others to
access NMCRIS. Qualified users shall not use, or assist others with using,
information from NMCRIS or the repository to violate state or federal
laws.
E.
Assisted
access users: Assisted access users may submit an ARMS special request
form to HPD to obtain information from NMCRIS or the records repository. If the
registrar approves the request, the assisted access user shall sign a
nondisclosure agreement provided by HPD. Upon receipt of the signed
nondisclosure agreement, HPD shall provide the relevant information or records,
subject to the registrar's redaction of protected information.
F.
Others: Individuals who are
not assisted access users or qualified users and who wish to examine records in
the repository shall contact HPD to make an appointment and shall specify the
purpose of the visit and records the individual wishes to review. The
individual may view the records, subject to signing a nondisclosure agreement
and redaction of protected information by the registrar, if the registrar
determines that granting the request conforms with Section
18-6-11.1
of the Cultural Properties Act.
G.
Appeal of registrar access decisions:
(1) An
entity aggrieved by a decision of the registrar regarding access to cultural
resource records may appeal. Appeals shall be submitted in writing to the SHPO
within ten calendar days of the decision with a statement of reasons for the
appeal.
(2) The SHPO
shall respond in writing within ten calendar days of receipt
of an appeal.
(3) The
SHPO's decision on the appeal is DCA's final action on the matter.
H. Violations of this section or
the terms of an application or agreement:
(1)
If the registrar discovers a violation of this section or the terms of an
individual account application or institutional agreement, the registrar may
restrict, temporarily suspend, or prohibit future access to NMCRIS or the
repository.
(2) An entity aggrieved
by the registrar's decision may appeal. Appeals shall be submitted to the SHPO
in writing within ten calendar days of the decision with a statement of reasons
for the appeal.
(3) The SHPO shall
respond in writing within 10 calendar days of receipt of an appeal.
(4) The SHPO's decision on the appeal is
DCA's final action on the matter.
I. Computation of time: In computing the
period of time prescribed for appeal, the day from which the period of time
begins to run shall not be included. The last calendar day shall be included in
the computation unless it is a Saturday, Sunday or a day on which a legal
holiday is observed. In such a case, the period of time runs to the close of
business on the next regular workday.
