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(1) All petitions for scientific analysis shall include a nonrefundable application fee of $150, scientific justification for the study, qualifications of the person requesting the study, methodology and the time frame necessary to complete the study.

(2) Petitions shall be submitted to the state historic preservation officer and the physical anthropologist on the board. The state historic preservation officer and the physical anthropologist on the board shall review the proposed methodology and make a recommendation to the board.

(3) In evaluating whether a petition is scientifically justifiable the board should consider the following:

(a) whether the study will contribute new information;

(b) whether there is substantial public interest in the matter studied;

(c) whether the information sought to be learned can be obtained by other methods;

(d) qualifications of the person(s) who will conduct the study;

(e) the methodology proposed;

(f) the time frame proposed;

(g) the nature of the items to be studied; and

(h) the recommendations of lineal descendants, tribe or cultural group that has the closest cultural affiliation, if any.

(4) If the board issues a permit to conduct scientific analysis it shall prescribe the terms, conditions and procedures that the permittee must follow. This should include the time frame allowed for the study and a plan on the final disposition.

(5) If a permit is granted, the permittee shall pay all costs of excavation, study and disposition.

(6) The board has 30 working days from the time a permit petition is received by the State Historic Preservation Office to either approve or deny a petition. If the board denies a petition, it must provide the applicant a written statement outlining its grounds for finding the petition scientifically unjustifiable.

(7) If a permittee violates any provision, term, condition or procedure of the permit the board may institute proceedings to suspend or revoke the permit pursuant to the Montana Administrative Procedure Act.

History: 22-3-804, MCA; IMP, 22-3-804, 22-3-806, MCA; NEW, 1998 MAR p. 478, Eff. 2/13/98; TRANS, from Commerce, 2001 MAR p. 2409; TRANS, from ARM 2.65.107, 2013 MAR p. 785, Eff. 5/10/13.

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