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Session Laws, 1988
Volume 770, Page 3423   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 503
(III) REVOKE ANY PERMITS ISSUED PURSUANT TO

THIS SECTION IF THERE IS A FINDING THAT THE PERMIT WAS IMPROPERLY
ISSUED OR IF THE TERMS OF THE ISSUED PERMIT HAVE BEEN VIOLATED.

(2) IF THE DIRECTOR'S EXERCISE OF POWERS UNDER ITEMS
(I) THROUGH (III) OF PARAGRAPH (1) OF THIS SUBSECTION GIVES RISE
TO A CONTESTED CASE AS DEFINED IN § 10-201(C) OF THE STATE
GOVERNMENT ARTICLE OF THE CODE, THE TRUST SHALL AFFORD THE
AFFECTED PERSONS OR PERMITTEES AN OPPORTUNITY FOR AN AGENCY
HEARING IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN THE
DEPARTMENT'S REGULATIONS RELATING TO CONTESTED CASES.

(I) (H) A PERMIT IS NOT REQUIRED OF THE TRUST FOR ANY
UNDERTAKING PROVIDED FOR BY THIS SECTION. HOWEVER, BEFORE ANY
SUCH UNDERTAKING IS INITIATED, THE TRUST SHALL SECURE APPROVAL
FROM THE BOARD OF PUBLIC WORKS.

(J) (I) THE TRUST SHALL:

(1)  ESTABLISH AN EDUCATIONAL PROGRAM FOR THE TRAINING
OF INTERESTED MEMBERS OF THE PUBLIC IN THE IDENTIFICATION AND
REGISTRATION OF SUBMERGED AND NONSUBMERGED ARCHAEOLOGICAL
HISTORIC PROPERTY, AND CERTIFY THOSE WHO HAVE SUCCESSFULLY
COMPLETED SUCH TRAINING;. AND

(2)  SUBJECT TO THE APPROVAL OF THE SECRETARY AND IN
CONSULTATION WITH APPROPRIATE PUBLIC AND PRIVATE SECTOR GROUPS IN
THE STATE INCLUDING SPORT DIVERS, PROFESSIONAL DIVE OPERATORS,
DIVE CLUBS, SALVORS, ARCHAEOLOGISTS, COMMERCIAL FISHERMEN, AND
HISTORIC PRESERVATIONISTS, AS WELL AS THE FEDERAL ADVISORY
COUNCIL ON HISTORIC PRESERVATION, ADOPT RULES AND REGULATIONS FOR
THE ISSUANCE OF PERMITS AND THE DISPOSITION OR TRANSFER OF
SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY UNDER THIS SUBTITLE.
THESE REGULATIONS SHALL PROVIDE SPECIFICALLY THAT ANY
INDIVIDUALS, WITHOUT A PERMIT, MAY COLLECT ON A SMALL SCALE FROM
SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTIES A LIMITED NUMBER OF
OBJECTS OR MATERIALS WHICH CAN BE RECOVERED FROM SUCH PROPERTIES
BY HAND OR THROUGH THE USE OF SCREWDRIVERS, WRENCHES, OR PLIERS.
THE STATE, HOWEVER, SHALL NOT BE LIABLE FOR ANY INJURIES OR
LOSSES SUSTAINED BY SUCH INDIVIDUALS.

(K) THE PROVISIONS OF THIS SUBTITLE WHICH PERTAIN TO THE
PROTECTION OF ARCHAEOLOGICAL HISTORIC PROPERTY SHALL APPLY ALSO
TO ARCHAEOLOGICAL HISTORIC PROPERTY LOCATED ON PRIVATELY-OWNED
LAND IF:

(1) THE OWNER OR OWNERS OF THE LAND PETITION THE
TRUST IN WRITING TO APPLY SUCH PROVISIONS TO THE LAND; AND

(2) THE TRUST DETERMINES THAT THE ARCHAEOLOGICAL
HISTORIC PROPERTY IS ELIGIBLE FOR THE MARYLAND REGISTER OF
HISTORIC PROPERTIES AND WARRANTS SUCH PROTECTION.

- 3423 -

 

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Session Laws, 1988
Volume 770, Page 3423   View pdf image
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