2007 Minnesota Statutes

138.36 LICENSES.
    Subdivision 1. Content; issuance. The director of the historical society and the state
archaeologist shall formulate and issue such provisions for licenses as are required to carry out
and enforce sections 138.31 to 138.42.
    Subd. 2. Power to issue. The director of the Minnesota Historical Society, acting as an agent
of the state, may issue a license to a qualified person approved by the state archaeologist to engage
in field archaeology on a specified state site. The director of the Minnesota Historical Society may
also issue a license to a qualified person, either in connection with the right to engage in field
archaeology on a specified site, or alone, to engage in purely preliminary or exploratory activities
in a specified area where a site is thought to exist. If a state site or an area to be described in a
license is under the jurisdiction of any other agency of the state, or, if the field archaeology to be
licensed may interfere with a project of any other agency, the applicant for a permit shall obtain
the approval of that agency. The attorney general upon recommendation of the director of the
historical society may apply to the district court for injunctive relief to restrain activities which in
the director's opinion may damage historical or archaeological sites on public lands or waters.
    Subd. 3. Emergency licenses. The director of the historical society or the state archaeologist
may waive or abridge provisions of sections 138.31 to 138.42 in an emergency in which objects
of interest to the state are found in the course of construction or demolition work, or in other
situations in which time is of the essence to save objects or gather data. The director of the
historical society or the state archaeologist may issue short form emergency licenses to persons
not otherwise qualified to enable them to salvage objects or gather data in the time available.
    Subd. 4. Renewal of licenses. The director of the Minnesota Historical Society may renew
any license for another calendar year. The application for renewal shall be made in the form and
contain the information required by the state archaeologist.
    Subd. 5. Revocation and suspension. The director of the historical society or the state
archaeologist may revoke or suspend a license because of the improper conduct of the licensee,
the use of improper or substandard methods, or other good cause.
    Subd. 6. Review of license decisions. Any person whose application for a license under this
section has been denied or whose license has been modified, suspended, or revoked, may appeal
the decision within 30 days of receiving written notice of the decision by filing a written request
with the commissioner for a contested case hearing under chapter 14. If the applicant does not
request a contested case hearing within 30 days after receiving written notice of the decision, the
decision becomes final and the applicant may not appeal the decision.
History: 1963 c 5 s 6; 1971 c 48 s 3; 1986 c 444; 2002 c 298 s 4