Texas Register, Volume 37, Number 34, Pages 6391-6818, August 24, 2012 Page: 6,413

                                
established by an RCRI Access Agreement. No access agreement
document is needed for persons wishing to access public information
in the THSA database or the libraries or files of the commission if
restricted information is not contained within those materials. Persons
wishing to view or use the RCRI data must submit a written application
supplied by the commission, and sign an RCRI Access Agreement if
approved for RCRI access. RCRI access is granted for up to a 4-year
period and is renewable.
24.17. Criteria for Access to Restricted Information.
(a) Qualified applicants meeting one or more of the following
criteria may be granted access by the THSA Coordinator [Program Di-
rector]:
(1) Meet the Secretary of Interior's Professional Qualifica-
tions Standards (36 CFR Part 61) for Archeology.
(2) Meet the definition of professional archeologist, or
principal investigator as defined by 26.5 of this title (relating to
Definitions [Practice and Procedure]).
(3) Be a current member [in good standing] of the Texas
Archeological Stewardship Network.
(b) Applications from persons not meeting the criteria set forth
in subsection (a) of this section must have a clear and legitimate sci-
entific or legal interest in being granted access to RCRI. Their appli-
cations will be reviewed by the access committee, and access will be
granted or denied by the committee as specified in 24.19 of this ti-
tle (relating to Restricted Information Application Submission and Re-
view Procedures).
(c) If an applicant is denied access to RCRI, the applicant
may appeal that decision before the commission at one of its regularly
scheduled public meetings. Appeals must be submitted in writing to
the commission at least 30 days prior to a scheduled meeting of the
commission.
24.19. Restricted Information Application Submission and Review
Procedures.
(a) Application forms. All persons requesting access to RCRI
must complete and submit the application form provided by the com-
mission. This application form must indicate the type of information
to which access is desired, the nature of the proposed research and any
special user requirements during access, the name of the person de-
siring access, when access is needed, and for how long. For student
applications, a letter is also required from a sponsoring professor, ver-
ifying the applicants' legitimate, scientific need for access.
(b) Curriculum vitae. To prove his or her credentials for ac-
cess, an applicant who is not a member of the Texas Archeological
Stewardship Network must also submit a current curriculum vitae to
the commission, if such a document is not already on file with the com-
mission.
(c) Access agreement. The applicant must also sign an access
agreement provided by the commission and submit it. A copy of the ac-
cess agreement document will be kept on file at the commission [Texas
Historical Cemmission].
(d) Initial review by the THSA Coordinator [Program Diree-
ter]. The THSA Coordinator [Program Director] reviews all applica-
tions and vitae for completeness, and will notify the applicant of any
additional information required.
(e) Consideration of qualified application. When all required
application information has been received and reviewed, the THSA
Coordinator [Program Diretor] will either rule on access relative to
criteria set forth in 24.17(a) of this title (relating to Criteria for Access

to Restricted Information [Restricted Cultural Resource information
Access Qualifications]), or forward the application to the access com-
mittee. If the applicant is approved for RCRI access under 24.17(a)
of this title, the THSA Coordinator [Program Director] will notify the
applicant of this approval within 10 working days. The access com-
mittee will review all applications requiring further consideration for
qualification within 20 working days of receipt under 24.17(b) of this
title, and the THSA Coordinator [Program Direetor] will notify the ap-
plicant of the committee's decision.
(f) Denial of application. If an application is denied, the THSA
Coordinator [Program Direetr] will notify the applicant in writing of
the reasons for denial. Any appeals of these decisions must be made
before the commission at one of its regularly scheduled public meet-
ings.
(g) Registration of approved applicant.    The THSA
Coordinator [Program Direetor] will register the applicant as an RCRI
user, and a written notice documenting registration will be forwarded
to the registered RCRI user. When appropriate, the commission will
also supply the applicant with a THSA Access Account, which will
enable the applicant to access the restricted portion of the THSA
database.
(h) The commission may conduct an investigation to verify
any information submitted on an application.
(i) False information. If the access committee determines that
an applicant provided false information on an application, the commit-
tee will take the following actions.
(1) Recommend denial of the application.
(2) Notify the applicant of the information considered to be
false and give the applicant a reasonable period of time, not to exceed
30 days, to respond.
(3) If, upon examination of the applicant's response, or fail-
ure to respond, the access committee determines that false information
was knowingly provided on the application, the access committee may
recommend to the commission that the applicant be denied access to
RCRI for a period not to exceed two years.
(4) The commission may consider and act on this recom-
mendation, upon due notice to the applicant, at any regular or called
meeting of the commission.
(j) Special provision for access to the THC Library or RCRI
data. Temporary access to the archeological materials in the THC Li-
brary or information in the RCRI may be granted to persons qualified
under either 24.17(a) or (b) of this title by [the THSA Program Man-
ager or by] a THC staff archeologist [Staff Archeologist]. Such autho-
rization must be signed by the THC staff member and a copy kept on
file at the commission [Texas Historical Commission].
24.23. Access Committee Procedures.
(a) Access committee. The affirmative vote of a simple major-
ity of the committee members is necessary for any action to be taken.
No absence in the membership of the access committee shall impair the
ability of the committee to exercise all rights and perform all duties.
(b) Committee meeting schedule. Meetings of the committee
are held at the call of the THSA Coordinator [Program Director], or
whenever requested by one of the members. The committee may delib-
erate over applications by e-mail or other appropriate communications
media.
(c) Conflict of interest provision for committee members. Any
committee member who has, will have, or later acquires an interest, di-
rect or indirect, in any transaction involving an application scheduled

PROPOSED RULES August 24, 2012 37 TexReg 6413