Scheme Nickname:
Archaeological permits & violations
Adjudication scheme that provides administrative review for initial determinations by the ONHIR New Lands Manager relating to permits, notices of violation, and imposition of civil penalties under the Archaeological Resources Protection Act of 1979. Matters reviewed may include: issuance, suspension, or revocation of permit for excavation or removal of archaeological resources from the New Lands; violations of permit conditions or other prohibited actions under ONHIR regulations related to archaeological resources (such as selling or purchasing resources obtained without a permit); and assessment of civil penalties.
Types of Adjudication:
Type A
Type B
Comments/Notes on Adjudication Type(s):
Civil penalty proceedings must be heard in conformance with section 504 of the APA. (25 CFR 700.829(g)(3)). Other matters may be heard informally by the ONHIR Legal Counsel.
Other Comments:
There appears to be a significant procedural discrepancy between ONHIR regulations and its Management Manual. Civil penalty proceedings must be heard in conformance with section 504 of the APA. (See 16 USC 470ff(a); 25 CFR 700.829(g)(3)). However, Section 1600 of the ONHIR Management Manual (on agency website) sets forth procedures for hearings on penalty assessments that are not "formal" in the APA sense. The ONHIR Legal Counsel hears any appeals from penalty assessments by the ONHIR New Lands manager, and issues the final agency decision. (For ONHIR contractors, the penalty is then assessed against their next contractual draw.) Thus, if ONHIR follows the practices specified in its Management Manual, the agency appears to be violating both its own regulations and the governing statute (Archaeological Resources Protection Act of 1979).
Verified by Agency:
Not verified
Is this a Major Adjudication:
No