Section 4180.500  Mediation Committee Appointment and Procedures

a)         The Director shall appoint five persons to serve on the Historic Preservation Mediation Committee pursuant to Sections 4(e) and (f) of the Act.  The Director shall serve as Chairman of the Committee. The Committee shall have the power to write By-Laws and Rules governing operation.  The Department shall provide education and staff support necessary to conduct business.  Members shall serve without compensation but shall have expenses reimbursed by Department.

b)         If, within fourteen (14) calendar days after the public meeting, the State agency and Director fail to agree, the State agency shall submit documentation to the Committee as specified in Section 4(e) of the Act.  The document shall contain, at a minimum:

1)         Description of the proposed undertaking;

2)         Description of the resources affected;

3)         Alternatives considered and reasons for their rejection; and

4)         A written transcript of the public meeting.

c)         The Committee shall meet pursuant to Section 4(f) of the Act and provide its findings or comments to the State agency within thirty (30) calendar days after receipt of this documentation. The State agency shall implement the undertaking in accordance with comments of the Committee or respond in writing prior to proceeding with the undertaking concerning the reasons why implementation of the Committee's findings or comments is not prudent or feasible.