R694-1-8. Delegation of Authority to Issue a Permit to Excavate

  (a) An agency which owns land within the state of Utah may request the delegation of the authority to issue permits to excavate for the lands it owns.

  (b) The agency shall request the delegation by letter signed by the agency's authorized representative.

  (c) The letter shall contain the proposed terms and conditions of the delegation, which shall include the information required by Subsection 9-8-305(3)(c)(ii), and agreement with the following conditions:

  (i) each person approved for a permit to excavate by the agency shall hold a valid permit to survey from the Public Lands Policy Coordination Office at all times prior to and including the expiration date of the permit, including any extensions; and

  (ii) the agency shall consult with the Antiquities Section regarding the research design of the proposed project prior to issuing the permit, and

  (iii) permits issued by the agency pursuant to delegation shall contain the provisions required by Subsection R694-1-10(a), and for purposes of compliance and enforcement of the provisions of R694-1-10(a), a permit issued by the agency shall be considered a permit issued by the Public Lands Policy Coordination Office, and

  (iv) the agency shall refer issues about performance of work by the permit holder to the Public Lands Policy Coordination Office through the process described in Section R694-1-11, and shall agree to amend, suspend, or revoke a permit according to the final results of that process, and to reinstate a permit only with the concurrence of the Public Lands Policy Coordination Office after compliance with the provisions of Section R694-1-12, and

  (v) the agency and the Public Lands Policy Coordination Office shall review the operations of the delegation agreement at least annually, and

  (vi) the Public Lands Policy Coordination Office may revoke the delegation at any time without cause, as provided by Subsection 9-8-305(3)(d).

  (d) The agency and the Public Lands Policy Coordination Office shall formalize the terms of the delegation through a Memorandum of Understanding.