(a) Establishment of certification program.
  (1) The Commission shall determine through the program established by this subchapter appropriate facilities to house state-associated held-in-trust collections generated or purchased by the Commission, generated through antiquities permits issued under the authority of the Commission as provided by the Texas Natural Resources Code, Chapter 191, donated to the Commission, or placed with the Commission through the order of a court.
  (2) The certification process shall consider the management and care of all state-associated collections at the curatorial facility.
  (3) The requirements of this subchapter related to the placement of state-associated collections in certified curatorial facilities shall apply to the following:
    (A) All collections placed in curatorial facilities by the Commission after December 31, 2005; and,
    (B) All collections generated under antiquities permits on public lands after December 31, 2005.
  (4) Except as provided in paragraph (9) of this subsection, no collection or any component of a collection as described under the jurisdiction of this subchapter may be placed in a curatorial facility that is not certified through the process established by this section.
  (5) This section does not apply to the placement of collections in curatorial facilities prior to the effective date of this requirement as specified in subsection (a)(3), above. It does apply to any subsequent transfer of collections or a component of a collection taking place after the effective date of this requirement as specified in subsection (a)(3)(A) - (B), above.
  (6) This section does not apply to the loan of a collection or a component of a collection to a facility not certified by the Commission.
  (7) Certification shall be effective for a period of ten years, after which time, the curatorial facility must apply for renewal. Renewal will be based upon a review of the standing of the facility in regards to disabling or deficiency factors assigned during the initial certification and the standards for certification in place at the time renewal is requested.
  (8) The certification process shall be implemented upon the effective date of these rules, and the staff of the Commission shall develop procedures to begin the review of applicants at the earliest possible date. The requirement that all new collections shall be placed only in certified curatorial facilities shall be effective as specified in subsection (a)(3)(A) - (B), above.
  (9) A curatorial facility that has submitted the application for certification provided by subsection (b)(1) of this section by the date provided in subsection (a)(3) of this section may continue to accept held-in-trust collections after that date so long as its application is pending and the application process has not been terminated or its application rejected by the commission.
(b) Procedures for Certification.
  (1) Application. A curatorial facility seeking certification from the Commission shall apply to the Commission on a form provided by the Commission.
    (A) The form shall require the applicant to provide essential information and documentation to allow the Commission to determine whether the facility is a curatorial facility within the definition of that term.
    (B) Staff of the Commission shall evaluate the application and make a recommendation to the executive director on whether the facility should be allowed to proceed with the certification process.
    (C) The executive director may determine that the certification review should be terminated at this point in the process. Such termination would be due to a clear failure of the curatorial facility to meet the criteria for certification developed under this subchapter.
  (2) Submission of written materials for certification.
    (A) The form shall require the applicant to provide essential information and documentation to allow the Commission to determine whether the facility is a curatorial facility within the definition of that term.
    (B) The self-evaluation and other materials must be submitted to the Commission within six months after the certification review packet is mailed. A one time extension not to exceed six months may be granted by the Commission staff upon request.
    (C) The completed documentation shall be reviewed by the Commission. If clarification or additional information is requested by the Commission, the facility shall have 30 days to furnish the information required.
    (D) Failure to provide the requested information or inadequacy of the materials provided may lead to the termination of the review process.
    (E) Staff of the Commission shall review the self-evaluation and other written materials provided and make a recommendation to the executive director on whether the facility should be allowed to proceed with the certification process.
    (F) The executive director may determine that the review should be terminated at this point in the process.
  (3) Field review.
    (A) A curatorial facility that has submitted its self-evaluation and other written materials and approved to proceed with the certification process shall be contacted to arrange for a field review.
    (B) At a time to be agreed upon by the Commission staff and the facility, an on-site evaluation of the facility shall be conducted by the Commission.
    (C) Field review of the curatorial facility will be conducted by qualified staff of the Commission. Confidentiality will be maintained within the limits of the Public Information Act.
    (D) An applicant for certification must make their facilities and records freely available to the field reviewers of the Commission in order to be considered for certification.
    (E) Upon completion of the on-site evaluation, the persons performing the evaluation shall complete a written report of the on-site evaluation.
    (F) The written report and recommendation shall be submitted to the executive director for his review. The executive director may approve, disapprove, or amend the recommendation.
    (G) The applicant shall be provided not less than 30 days notice of the Commission meeting when its application will be considered and provided a copy of the executive director's recommendation, the report of the on-site evaluation, and any other relevant documents.
    (H) The applicant shall have the opportunity to present written and oral information in support of its application to the staff and the Commission or committees thereof.
  (4) Consideration by the Commission.
    (A) The Commission may direct that this matter be considered in a committee of the Commission prior to consideration by the full Commission.
    (B) The Commission shall consider the recommendations of the staff and/or executive director and all other matters submitted or prepared in connection with the application and shall make a decision on the certification of the curatorial facility. The decision of the Commission shall be provided in writing to the curatorial facility. If certification is denied, the Commission shall provide reasons for the denial to the curatorial facility.
    (C) The decision of the Commission shall be based on the matters properly submitted in the certification process, and the decision shall measure the qualifications, stated objectives, and resources of the curatorial facility against the standards for certification established by the Commission.
      (i) The Commission shall consider the evaluation of the curatorial facility and determine which, if any, disabling and deficiency factors may be present in the curatorial facility.
      (ii) The Commission shall grant certification of the curatorial facility based on the disabling and deficiency factors by the following standards:
        (I) Four or more disabling factors, certification denied;
        (II) Three or fewer disabling factors and no more than four deficiency factors, certification granted;
        (III) Three or fewer disabling factors and five or six deficiency factors, provisional status granted; or
        (IV) Three or fewer disabling factors and seven or more deficiency factors, certification denied.
    (D) If a curatorial facility is certified with existing disabling factors or deficiencies, these factors must be addressed before subsequent certification can take place. The curatorial facility must submit a plan and schedule for correcting the factors to the Commission within 90 days of the notice of certification. The Commission shall consider the plan and schedule and either approve it or return it to the curatorial facility with suggested revisions. The curatorial facility shall resubmit the plan and schedule until approved by the Commission. If these factors have not been addressed by the end of its certification period, then the curatorial facility will be decertified at the Cont'd...