(A) The institute may suspend operations under a license at any time for just cause if it has reason to believe that the terms and provisions of a license or other applicable law or regulation are being violated. Within ten days of the suspension, the State Underwater Archaeologist or his designee shall begin investigating the facts underlying a suspension. Upon conclusion of this investigation, the State Underwater Archaeologist shall issue a written determination recommending either that the license be restored or that the license be revoked. If the State Underwater Archaeologist recommends revocation of the license, then the license shall remain suspended until the matter is resolved as provided in this section.
(B) The State Underwater Archaeologist may revoke a license for:
(1) failure to begin work under the terms of the license within the first one-third of the period of the license;
(2) failure to work diligently toward completion of the project after it has been started or failure to maintain a presence on the site if weather permits;
(3) if a licensee knowingly makes or causes to be made a false statement or report that is material to an action taken by the institute;
(4) failure to comply with any of the provisions of the license;
(5) violation of this article or any other pertinent law or regulation; or
(6) when a license has been issued based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this article.
(C)(1) The institute shall serve a notice of intent to revoke a license upon the licensee with a brief statement of the reasons alleged.
(2) The licensee may request a hearing within thirty days of receiving the notice by filing a written request for a hearing with the institute.
(3) The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(D) The institute or anyone authorized by the institute may appropriate any artifacts and data that have been collected or recovered as a result of a violation of this article. The appropriated artifactual materials must be managed, cared for, and administered by the institute and the appropriated paleontological materials must be managed, cared for, and administered by the museum until a hearing can be held.
HISTORY: 1991 Act No. 169, Section 1; 2002 Act No. 364, Section 9, eff September 26, 2002.
Effect of Amendment
The 2002 amendment, in subsections (A) and (B), substituted "State Underwater Archaeologist" for "State Archaeologist".
Structure South Carolina Code of Laws
Title 54 - Ports and Maritime Matters
Chapter 7 - Shipwrecks And Salvage Operations
Section 54-7-10. Custody and notice of unclaimed stranded goods.
Section 54-7-20. Sale of unclaimed stranded goods.
Section 54-7-30. Repelling entry into stranded vessels; carrying away saved goods.
Section 54-7-40. Issuance of warrants for stolen goods; penalty for retention.
Section 54-7-50. Salvage allowed informer.
Section 54-7-60. Restoration of goods taken from vessel; reward; penalty for offering for sale.
Section 54-7-100. Hunley Commission established; coordinates exempt from disclosure.
Section 54-7-110. Caption to be added to certain films relating to the Hunley.
Section 54-7-120. Repealed by 2007 Act No. 98, Section 3.
Section 54-7-610. Short title.
Section 54-7-620. Definitions.
Section 54-7-660. No license required for non-disturbing inspection, study, and the like.
Section 54-7-670. Hobby licenses; reports of hobby divers as to finds; restrictions.
Section 54-7-680. Repealed by 2002 Act No. 364, Section 13, eff September 26, 2002.
Section 54-7-690. Intensive survey licenses; data recovery licenses; waiver; applications.
Section 54-7-720. Delayed issuance of license; denial of license; reconsideration of denial.
Section 54-7-730. Provisions which must be shown on license issued by institute.
Section 54-7-740. Additional provisions applicable to licenses issued by State Archaeologist.
Section 54-7-750. Additional provisions pertaining to intensive survey licenses.
Section 54-7-760. Additional provisions pertaining to data recovery licenses.
Section 54-7-770. Modification of licenses; property disposition agreements.
Section 54-7-785. Finder of wreck other than licensed salvor; share of recovery.
Section 54-7-790. License not required of institute or of museum.
Section 54-7-810. Violation of Article a misdemeanor; penalties.
Section 54-7-815. Excavation or salvage of certain sunken warships unlawful.
Section 54-7-830. Privately-owned land not subject to Article.
Section 54-7-840. Educational program; underwater archaeologist on staff of institute.