Minnesota Administrative Rules

CHAPTER 1900, ARTS ASSISTANCE; GRANTS

ARTS BOARD

1900.0100

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0110 AUTHORITY.

This chapter is adopted pursuant to Minnesota Statutes, section 129D.04, subdivision 1, clauses (5) and (6).

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.0200

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0210 PURPOSE.

The purpose of parts 1900.0110 to 1900.2210 is to set forth procedures and criteria to be followed by the board, advisory panels, all individuals, organizations, departments and agencies of the state, and political subdivisions in receiving, considering, and reviewing requests for, and distribution of, grants and other forms of assistance. Any actions taken by the board, its staff, and advisory panels related to the review and distribution of grants and other forms of assistance must be based on parts 1900.0110 to 1900.2210.

The purpose of parts 1900.2310 to 1900.4110 is to set forth procedures and criteria to be followed by the board and designated regional arts councils to conduct a decentralized system of providing grants and other forms of assistance at the grass roots level. Terms, procedures, and criteria used in this chapter are specific to this chapter due to the statutory provisions which guide the relationship between the board and the regional arts councils. Any actions undertaken by a regional arts council, its staff, or its advisory panels must be based on the criteria contained in parts 1900.2310 to 1900.4010.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.0300

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0310 DEFINITIONS.

Subpart 1.

Scope.

For the purpose of this chapter, the following terms are defined as indicated unless otherwise specified.

Subp. 2.

Advisory panel or panel.

"Advisory panel" or "panel" means a group of citizens appointed by the board to review and make recommendations on grants and other forms of assistance offered by the board, or to make recommendations on public arts policy matters.

Subp. 3.

Applicant.

"Applicant" means any individual who submits an application for a grant, or any group, organization, department or agency of the state, or political subdivision on whose behalf an application for a grant is submitted.

Subp. 4.

Application.

"Application" means the official form supplied by the board, and any required attachments and work samples as described in the program information for each program.

Subp. 5.

Board.

"Board" means the governing body of the State Board of the Arts.

Subp. 6.

Certified audit.

"Certified audit" means an audit completed by an independent auditor who meets the independence standards specified in the General Accounting Office's "Standards for Audits of Government Organizations, Programs, Activities, and Functions." The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) audit guide incorporated by reference as the Statement of Financial Accounting Standards (S.F.A.S. notes #116 and #117). This publication is available from the State Law Library and from the Accounting Standards Board in Norwalk, CT for $11 each by calling [phone]. The publication is not subject to frequent change.

Subp. 7.

Equipment.

"Equipment" means an article of nonexpendable, tangible property, or a combination of articles with a single purpose, having a useful life of more than two years.

Subp. 7a.

Event.

"Event" means a performance, exhibition, or screening intended for an audience. It does not include workshops or classes whose primary intent is teaching an arts skill.

Subp. 8.

Fiscal agent.

For the purposes of parts 1900.0110 to 1900.2210, "fiscal agent" means any Minnesota nonprofit organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or governmental unit which is responsible to the board on behalf of an organization, individual, or group not meeting the nonprofit tax-exempt requirements.

Subp. 9.

Grant.

"Grant" means the decision by the board to award dollars. It is an allocation of funds to an applicant to be used for the purposes described in the application.

Subp. 10.

Individual artist or artist.

"Individual artist" or "artist" means a single professional artist working alone or, for a limited time, with other artists.

Subp. 11.

Organization.

"Organization" means institutions which are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and established in Minnesota including schools, governmental units, and departments and agencies of the state. This does not include radio and television stations.

Subp. 12.

Other forms of assistance.

"Other forms of assistance" means services and activities, other than grant programs, which foster the development of the arts in Minnesota. These may include workshops, conferences, directories, or programs jointly sponsored or administered with other entities including federal, state, or nonprofit agencies.

Subp. 13.

Person of color.

"Person of color" means an individual who identifies with or is recognized as belonging to one (or a combination) of the following racial or ethnic groups: African American; Asian/Pacific Islander; Hispanic/Latino/Chicano; or Native American/Alaskan Native.

Subp. 14.

Presenting activities.

"Presenting activities" means tasks associated with the engaging of artists, touring companies, or exhibitions which are external to the institution. The tasks must include paying an artistic fee, contracting with the artists, providing the facility, marketing, and assisting in the technical support.

Subp. 15.

Producing activities.

"Producing activities" means tasks associated with the conception or creation of an artistic work and the assembly of the artistic elements for its production, performance, or exhibition.

Subp. 16.

Program information.

"Program information" means any document issued describing programs and services of the board which includes instructions, application forms, deadlines, and other aids for the applicant seeking assistance.

Subp. 17.

Regional arts council.

"Regional arts council" means one of the grassroots, autonomous organizations designated by the board to assess regional needs, plan and administer programs, and make final decisions on the utilization of its share of the legislative arts allocation granted to the regional arts councils by the legislature.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 24 SR 663

Published Electronically:

September 14, 2007

1900.0400

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0410 AGENCY ADVISORY PANELS.

Subpart 1.

Creation and discontinuance.

The board may appoint advisory panels to review grant applications or applications for other forms of assistance. The board may discontinue any advisory panel, as it deems necessary.

Subp. 2.

Nomination and appointment to advisory panels.

Individuals may nominate themselves or someone else by contacting the board during regular business hours. All interested persons shall be provided information describing the process and procedures for pursuing a nomination.

Appointments to advisory panels must be made by majority vote of the board. Under emergency circumstances, when panel service is required prior to convening the next scheduled meeting of the board, the board's executive director in consultation with the board chair, or designated board member, may make such an appointment. Members shall serve one panel-specific fiscal year term at the pleasure of the board for a maximum of three consecutive fiscal years. Panelists who serve on a panel for a two-year grant are considered to be serving only for the first fiscal year of the grant and are eligible to serve on a different panel for the second fiscal year of the grant. Panelists who serve on a panel that meets more than once per fiscal year are eligible to serve for all of the panels in a fiscal year, which is considered to be one fiscal year of service. Appointments to advisory panels must be made so that the appointment terms of at least one-third of the membership of each panel will expire in each year. Advisory panels shall be geographically balanced and include at least one person of color, insofar as is reasonably possible.

No member of an advisory panel may serve on a panel which would review an application from that member for a grant or other form of assistance from the board.

Subp. 3.

Member qualifications.

Advisory panel members shall have expertise and experience in a particular area of the arts, arts funding, or administration; in-depth knowledge of the Minnesota arts community; communications and decision-making skills; and an ability to work well in a group. In addition, members shall be chosen for their ability to adhere to review criteria. Panel members selected by the board from nominees shall include artists, administrators, educators, volunteer directors of arts organizations, trustees of arts organizations, and other participants in the arts.

Participation as an advisory panel member requires:

A.

that the panel member read all materials as requested in advance of the scheduled meeting; and

B.

that the panel member be in attendance and fully participate in all required activities associated with the work of the panel.

Subp. 4.

Compensation.

Members of advisory panels shall be compensated for expenses incurred to attend advisory panel meetings or their assignments as provided in Minnesota Statutes, section 15.059, subdivision 6.

Subp. 5.

Conflict of interest of member.

A conflict of interest exists when a member of an advisory panel is affiliated as listed in items A to D with an applicant whose application is before the panel for review:

A.

receives direct financial benefit from the applicant organization or proposal being reviewed;

B.

serves as an employee or governing board member of an applicant organization being reviewed;

C.

serves with or without payment as a consultant to an applicant being reviewed; or

D.

has a familial relationship with an applicant or with a staff or board member of an applicant organization.

Subp. 6.

Exclusion of member.

When a conflict of interest is identified, the advisory panel member shall inform the board of the affiliation prior to the review of applications. The board shall report annually on those advisory panel members for affiliations which declared actual conflicts of interest. Declaring a conflict of interest means that the panel member may not be present for any discussion or vote on those applicants with which the conflict exists.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 24 SR 663

Published Electronically:

September 14, 2007

1900.0500

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0510 CRITERIA FOR REVIEW OF GRANTS AND OTHER FORMS OF ASSISTANCE.

The board shall establish criteria for review that are consistent with conditions set by the funding source according to the intent of each program and described in program information. These sources include federal agencies, the Minnesota legislature, and private corporations or foundations.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.0600

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0610 REVIEW CRITERIA USED BY ADVISORY PANELS.

The primary review criterion used by all advisory panels to make recommendations to the board, except as specifically noted otherwise, shall be the artistic excellence or quality of the applicant. Advisory panels shall review applications to make recommendations for grants and other forms of assistance according to the merit and artistic quality as demonstrated by the applicant's artistic work sample or equivalent, such as a site visit of the proposed activity, in order to make recommendations to the board. In the case of service programs and projects, the merit and quality of the service being provided to the arts shall be reviewed. The detailed program-specific criteria are described in parts 1900.1510 to 1900.2210. After reviewing applications, advisory panels shall recommend each application for full funding, partial funding, or no funding. If more applications are recommended for funding than funds are available, the advisory panel may use the mathematical tools of rating or ranking the recommended applications individually to determine funding priorities and the amount of recommended grant.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.0700

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0710 BOARD ACTION AND ADVISORY PANEL RECOMMENDATIONS.

The board shall give considerable weight to the recommendations of advisory panels. The board may request comments and recommendations from the staff on all aspects of applications. The board may request a revised budget or a proposal description, or both, before taking final action on a grant application. The board shall make all final decisions consistent with this chapter as to approval or rejection of grant applications or requests for other forms of assistance.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.0800

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0810 PROCESS FOR OBTAINING GRANTS AND OTHER FORMS OF ASSISTANCE.

Subpart 1.

Application materials for a grant and other forms of assistance.

All applications must be made in accordance with this chapter. Applicants must use an official application form for the appropriate fiscal year and program to which they are applying.

The application materials shall include the specific information needed to determine the eligibility of the applicant, to review the application according to the review criteria, to comply with federal reporting requirements, and to evaluate the programs and services of the board.

Subp. 2.

Applications received by board.

All applications must be received at the board office by the deadline in the current program information. A late application shall not be considered by the board.

Subp. 3.

Application.

The applicant shall be responsible for the quality and the nature of the responses given in the application, the attachments, and the supporting materials in this chapter and further described in the program information provided by the board. The items are:

A.

the completed current official application form provided to the applicant by the board;

B.

a narrative proposal in the form of typed attached pages which responds to specific questions in the program information;

C.

supporting documentation as requested and listed in the program information; and

D.

if a fiscal agent is used, a copy of the written agreement between the fiscal agent and the applicant.

Subp. 4.

Applications screening.

Staff shall screen applications received by the deadline for eligibility and completeness, subject to the criteria and processes described in parts 1900.0610 and 1900.1510 to 1900.2210. Eligible applications shall be reviewed at a meeting, open to the public, by an advisory panel when deemed necessary and appointed by the board. The panel shall identify recommended applicants presented by staff to the board. The board shall make the grant award after considering the advisory panel's recommendation. If the grant is less than the original request, the applicant shall revise, where appropriate, the official budget and application to reflect the actual grant amount. Upon receipt of revisions, the board, or designated agency staff, shall review the revisions and, if approved, shall continue processing the grant contract.

Subp. 5.

Applicants notified of board decisions.

All applicants shall receive a notification letter and grant contract of an award (full funding or an adjusted level) or of no award within 45 days after final review of the application by the board, except if a revised budget is necessary. If a revised budget is necessary, applicants shall receive a grant contract and notification letter which includes instructions to revise the budget and proposal.

Subp. 6.

Process to seek other forms of assistance.

All parties interested in assistance from the board that is not described in agency program information, may contact the board during regular business hours.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.0900

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.0910 DETERMINING DISTRIBUTION OF PROGRAM FUNDS.

The board shall establish a sequence of program deadlines annually based on the resources available and the quality and characteristics of the potential applicant pool. The board may give priority to one program category over others during a fiscal year.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.1000

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1010 ELIGIBILITY REQUIREMENTS FOR APPLICANTS REQUESTING GRANTS OR OTHER FORMS OF ASSISTANCE.

Subpart 1.

Eligibility requirements; kinds.

General eligibility requirements must be met by all applicants who request grants or other forms of assistance. Other requirements depend on whether the applicant is an organization or an individual artist. Further eligibility requirements specific to the program are described in parts 1900.1510 to 1900.2210.

Subp. 2.

All applicants.

An application shall not be eligible to be funded when one or more of the following activities, conditions, or use of funds exist or are proposed:

A.

artists are required to pay excessive entry or exhibition fees in order to exhibit or perform in the project or program for which funding is sought;

B.

funds are requested for payment of debts incurred before the grant activities begin;

C.

funds are requested to support activities that are essentially for the religious socialization of the participants or audience;

D.

funds are requested to support activities in primary or secondary level parochial schools;

E.

funds are requested for activities that attempt to influence any state or federal legislation or appropriation;

F.

funds are requested to pay for capital costs, such as improvements, construction, property, equipment costing more than $5,000, or endowment funds;

G.

the application form and all required materials are not received in the arts board office by 4:30 p.m. on the deadline date specified in the program information;

H.

the applicant has any overdue reporting requirements as specified in a previous contract with the board;

I.

the applicant is not in compliance with any active contract with the board; or

J.

the applicant does not make all events open to the general public or whenever feasible, does not establish admission charges for the events.

Subp. 3.

Organizations.

The applicant must conform to the definition of an organization in part 1900.0310, subpart 11. If not, with prior written approval from the board or its designee, a fiscal agent must be identified.

Subp. 4.

Fiscal agent duties.

If a fiscal agent is identified in accordance with subpart 3, the fiscal agent must enter into a written agreement with the applicant that includes a description of both parties' responsibilities, and, if a grant is received, sign the grant contract. The fiscal agent shall be legally responsible for the completion of the grant activity and for the proper management of the grant funds.

Subp. 5.

Individual artist.

A.

The applicant must conform to the definition of an individual artist under part 1900.0310, subpart 10.

B.

The applicant must be a United States citizen or have attained permanent resident alien status.

C.

The applicant must be at least 18 years old unless the funding source explicitly permits grants or other forms of assistance to persons under 18 years of age or unless otherwise specified under parts 1900.1510 to 1900.2210.

D.

The applicant, unless otherwise specified under parts 1900.1510 to 1900.2210 must be a Minnesota resident according to the principles described in the determination of residence under Minnesota Statutes, section 200.031, and demonstrated by evidence including:

(1)

possession of a valid Minnesota driver's license;

(2)

legal documentation of occupancy and home ownership or rental of a dwelling in Minnesota for at least six months prior to the application deadline;

(3)

employment in Minnesota for at least six months immediately prior to the application deadline; or

(4)

payment of Minnesota income taxes.

E.

The applicant must not engage in or propose to engage in any of the activities, conditions, or uses of granted funds listed in subitems (1) to (7):

(1)

covering the costs of activities involving any organization which is the applicant's employer;

(2)

paying for tuition, fees, or work toward any degree;

(3)

paying for the translation of literary work;

(4)

developing curriculum plans, teaching materials, or teaching programs which are intended to be used in the applicant's regular course of employment;

(5)

covering the costs of relocating the applicant's legal residence outside the state of Minnesota;

(6)

paying for the establishment of an arts organization; or

(7)

paying for publishing with a vanity press.

Subp. 6.

Additional requirements.

Additional requirements are identified in the specific program parts listed in items A to C.

A.

Pilot or new programs, part 1900.1410.

B.

Grant programs:

(1)

part 1900.1510, Institutional Support;

(2)

part 1900.1620, Arts Across Minnesota;

(3)

part 1900.1710, Presenter Support;

(4)

part 1900.1810, Folk Arts: Apprenticeships and Sponsorship;

(5)

part 1900.1910, Artist Assistance: Fellowship, Career Opportunity Grants, and Cultural Collaborations;

(6)

part 1900.2010, Arts in Education: School Support, and Organizational Support.

C.

Other forms of assistance:

(1)

part 1900.2110, Juried Listings (Folk Arts Directory and Arts in Education Roster of Artists);

(2)

part 1900.2210, Percent for Art in Public Places.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 25 SR 1653

Published Electronically:

September 14, 2007

1900.1100

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1110 APPEAL PROCESS.

Subpart 1.

Basis for an appeal.

There is no right of appeal for disputes of decisions with respect to interpretation of review criteria. An appeal may be made only if it is asserted that the board did not follow its policies and procedures as provided by this chapter.

Subp. 2.

Appeal procedure.

Any applicant who disputes a decision of the board regarding the applicant's grant application on any issue other than review criteria may appeal the decision of the board. The appeal shall be conducted according to items A to D.

A.

The applicant must submit an appeal in writing within 45 days of the date of the letter notifying the applicant of the board's decision.

B.

The appeal must state reasons for the appeal.

C.

The board shall review the appeal at its first meeting following the receipt of the appeal.

D.

The board may take one of the actions provided in subitems (1) to (5) in response to the appeal:

(1)

determine that the applicant does not show sufficient cause for an appeal;

(2)

direct the staff to investigate the applicant's appeal and bring a recommended resolution of the appeal to a subsequent meeting of the board;

(3)

request that the applicant appear before the board at a subsequent meeting and address the appeal at that time;

(4)

determine that the applicant does show sufficient cause for appeal and offer a settlement to the applicant at the meeting; or

(5)

refer the appeal to an administrative law judge for a contested case proceeding.

Subp. 3.

Disputed decision.

Following the appeal to the board, if the applicant continues to dispute the board's decision the board shall refer the matter to an administrative law judge for a contested case proceeding.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.1200

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1210 LEGAL RELATIONSHIP BETWEEN APPLICANT AND BOARD.

A legal relationship is established between an applicant who has been awarded a grant and the board when a grantee enters into a contract. The grantee must sign and return to the board, within 45 days from the date of the written notice of the board's decision, the required number of copies of the grant contract and any necessary attachments. The grant contract shall include provisions defining the obligations and rights of the board and the grantee. No action by the applicant shall be required following notification that an application was not approved for funding.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.1300

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1310 PUBLIC ACCESS TO RULES AND PROGRAM INFORMATION.

Copies of the current rules and program information shall be available for public review at the offices of the board during regular business hours. People with disabilities may make special arrangements with the board to access the documents. In addition, program information and a copy of this chapter shall be provided upon request to all applicants and the public.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.1400

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1410 ADDITIONAL REQUIREMENTS AND PROCESSES FOR A PILOT OR NEW PROGRAM.

The board may initiate new categories of assistance or pilot programs as needed to achieve its mission. For the purposes of this chapter, a "pilot program" means a program whose funding source may not be permanent, whose program information is under development, and for which adopted agency rules are not applicable.

No pilot program may continue for longer than four years without being established by the board on a permanent basis or discontinued. If the board changes the status of a pilot program to a permanent program, rules must be adopted.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.1500

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1510 ADDITIONAL REQUIREMENTS AND PROCESSES FOR INSTITUTIONAL SUPPORT PROGRAM.

Subpart 1.

Definitions.

A.

"Affiliate" means an organization that is hosted within a nonprofit, tax-exempt, nonarts institution and must also have:

(1)

a distinct identity;

(2)

professional arts management;

(3)

continuing arts programming;

(4)

evidence of a broad community following, as validated by the sale of season tickets, organized public classes, or a charitable membership;

(5)

a citizen advisory or governing board;

(6)

evidence of the receipt of other charitable arts support; and

(7)

a certified audit of the financial activity specifically addressing the arts activities of the affiliate organization.

B.

"Operating expenses" means all unrestricted, temporarily restricted, or restricted expenses, but does not include any depreciation costs, in-kind expenses, or any expenses associated with charitable gaming, plant and equipment, endowment, acquisition, or board designated reserve or quasi-endowment.

If a use of "operating expenses" refers to a context prior to fiscal year 1996, then operating expenses means all restricted and unrestricted expenses of the operating fund, minus any depreciation costs and in-kind expenses reported in a certified audit. Funds or accounts considered to be expenditures related to charitable gaming, fixed assets, plant and equipment, endowment, acquisition, or board designated reserves or quasi-endowment are not included.

C.

"Organization" means an institution exempt from taxation under section 501(c)(3) of the Internal Revenue Code that is authorized to do business in Minnesota and is either primarily engaged in producing arts activities or is an artist service agency that works to maintain an independent operation dedicated solely to the arts. Organization does not include schools, universities, libraries, civic organizations, or other community service agencies.

D.

"Charitable arts support" consists of contributions and donations from foundations, corporations, businesses, and individuals; grants from government agencies excluding Minnesota state Arts Board grants; the proceeds from benefits, special events, and memberships which are tax-deductible as charitable contributions; contributed assets released from restrictions; and contributed support to affiliate arts organizations from their nonprofit or government host institution.

E.

"Unrestricted contributed revenue" is defined as contributions without donor-imposed restrictions.

Subp. 2.

Purpose of institutional support.

The institutional support program shall consist of two components: the formula funds component and the merit component. Institutional support shall provide unrestricted support to high quality, established arts organizations that produce or exhibit works of art or provide services to artists.

Subp. 3.

Activities.

Institutional support funding shall enable organizations to maintain ongoing programs, services, facilities, and new initiatives. Any arts board funding received by an affiliate organization must be expended for arts programming only and not for expenses related to the host institution.

Subp. 4.

Criteria of advisory panel for institutional support recommendations.

The institutional support grant shall be based on two components of one review process: the formula funds component and the merit component. An applicant meeting the eligibility and review criteria shall receive an award in the formula funds component of the grant. An applicant that can show exceptional achievement in any of the stated criteria shall also receive an award in the merit component. The four review criteria by which an institutional support applicant shall be evaluated by the advisory panel are listed in this part. Artistic excellence and leadership shall be the primary criteria. Management and fiscal responsibility, accessibility and education, and service to the state shall be secondary criteria and equally important to each other.

A.

Artistic excellence and leadership shall be demonstrated by:

(1)

the qualities and characteristics of the artistic activities relevant to the specific artistic disciplines or services provided;

(2)

contributions to the artistic growth of the organization's constituencies;

(3)

the effectiveness and appropriateness of the activities in interpreting a cultural or artistic vision as defined in the mission statement;

(4)

how the activities allow the art form and artists to develop;

(5)

opportunities for the involvement and support of Minnesota artists;

(6)

the qualifications and achievements of artists and artistic leadership; and

(7)

the relative balance of artistic planning and decision making as they relate to financial decisions.

B.

Management and fiscal responsibility shall be demonstrated by:

(1)

evidence of sound financial planning and marketing which supports the artistic programs;

(2)

the relationship of decisions to planning and evaluation processes;

(3)

the extent to which planning includes the viewpoints of artists and the audience;

(4)

board composition and roles, staff qualifications, and responsibilities;

(5)

organizational stability and fiscal position;

(6)

the relationship of projected earnings to earning capacity;

(7)

commitment to a balanced budget;

(8)

evidence of a long-term plan to apply reserves wisely, where reserves exist; and

(9)

the challenges and opportunities associated with the artistic disciplines involved, geographic location, and availability of resources of an applicant.

C.

Accessibility and education shall be demonstrated by:

(1)

efforts to increase accessibility as shown by an Americans with Disabilities Act (ADA) plan;

(2)

qualities and programs which make the organization and its work approachable and available to a broad public audience;

(3)

how well the actual audience matches the intended audience;

(4)

efforts to create community understanding and awareness of works of art through educational objectives;

(5)

commitment to education beyond regular public programming; and

(6)

the role of the organization and its leaders as advocates for the arts in the community.

D.

Service to the state must be demonstrated by:

(1)

evidence of artistic impact in the community, region, state, or nation;

(2)

the organization's contribution of a unique art form or service;

(3)

the national or international reputation of the organization; or

(4)

the ability of the organization to reach a broad constituency throughout the state.

Subp. 5.

Eligibility requirements.

Institutional support applicants must meet the additional eligibility requirements in items A to G to apply for funds.

A.

The applicant must be an organization or affiliate as defined in subpart 1.

B.

The applicant must be able to demonstrate in the average qualifying expenses of its two most recently completed certified audits that it meets the operating expense level requirements which are printed in the current program information. Category entry levels which are rounded to the nearest $1,000 shall be calculated for the even year of each biennium based on the rate of change of a professionally acknowledged economic indicator, or index, such as the Minneapolis/St. Paul Consumer Price Index (incorporated by reference as the figures released each August and February by the United States Department of Labor office in Chicago, Illinois. The index is available by telephone at [phone]) since the last qualifying amount printed in program information. For example, the fiscal year 1996 requirement is:

Operating Expense Level Requirement	Organization Category
$3,353,000 and above	Group I
$559,000-$3,352,999	Group II
$112,000-$558,999	Group III

C.

The applicant must have provided services in Minnesota for two full fiscal years and must be authorized to do business in Minnesota.

D.

The applicant must have at least one paid, professional, administrative staff person.

E.

Organizations based in or primarily serving an academic program are not eligible.

F.

The budget may not contain combined funding from a regional arts council and the board that amounts to more than one-half of the organization's total cash expenses.

G.

For applications submitted for Minnesota state Arts Board fiscal years 2002 and 2003 support, an applicant's unrestricted revenue over a two-year period must consist of at least five percent charitable arts support calculated by determining the dollar amount of charitable arts support donated over a two-year period and determining the percentage the charitable arts support represents in relation to the applicant's total unrestricted revenue, excluding investment income, received over the two-year period. This requirement must be evidenced by the applicant's most recently completed certified audits.

For applications submitted for Minnesota state Arts Board fiscal year 2004 and all subsequent years' support, an applicant's unrestricted revenue over a two-year period must consist of at least ten percent charitable arts support calculated by determining the dollar amount of charitable arts support donated over a two-year period and determining the percentage the charitable arts support represents in relation to the applicant's total unrestricted revenue, excluding investment income, received over the two-year period. This requirement must be evidenced by the applicant's most recently completed certified audits.

Subp. 6.

Certified audit.

The official application must include one certified audit for each of the applicant's two most recently completed fiscal years.

Subp. 7.

Site review.

Applicants for institutional support must participate in a site review with the board or its designee.

Subp. 7a.

Additional processes.

The institutional support program process varies from the general process described in part 1900.0810 in that eligibility for nonarts organizations is determined by the board, based on the definition for "affiliate" stated in subpart 1, item A. In addition, eligible applications and accompanying financial information are reviewed by the board, or its designee, to verify the eligible average operating expenses for the formula funds component of the grant.

Subp. 8.

Amounts of grants.

For institutional support, grant amounts must be determined for both the formula funds and merit components.

A.

For the formula funds component of the grant, all grantees shall receive the same percentage of their qualifying two-year average operating expenses. The board shall calculate the amount of each grant based on the eligible applicant pool and funds available.

B.

For the merit component of the grant, the minimum grant award shall be based on the applicant's operating expenses according to the category established by the board and listed in the current program information. The category shall be determined by the operating expense level requirements described in subpart 5, item B. The maximum grant award for the merit component shall be ten percent of the applicant's operating expenses for the most recently completed and audited fiscal year.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 25 SR 1653; 26 SR 1301; 28 SR 854

Published Electronically:

September 14, 2007

1900.1600

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1610

[Repealed, 23 SR 1380]

Published Electronically:

September 14, 2007

1900.1620 ADDITIONAL REQUIREMENTS AND PROCESSES FOR ARTS ACROSS MINNESOTA PROGRAM.

Subpart 1.

Definitions.

A.

"Arts festival" means a celebration of art and culture that:

(1)

has a significant focus on the arts;

(2)

has a mission statement;

(3)

provides a showcase for Minnesota artists;

(4)

may be held at any location;

(5)

may have a variety of media or be focused on one artistic area;

(6)

contains many activities consolidated into a condensed time period;

(7)

has several different, yet related, arts activities happening simultaneously;

(8)

is at least an all-day event, lasting six to ten hours; and

(9)

is open, inviting, and available to a diverse audience.

B.

"Host community" means a Minnesota organization, such as a community group, local government unit, arts organization, or any other group that:

(1)

is exempt from taxation under section 501(c)(3) of the Internal Revenue Code or has a nonprofit, tax-exempt fiscal agent; and

(2)

has two recent years of arts presenting experience in Minnesota.

C.

"Organization" means institutions that are exempt from taxation under section 501(c)(3) of the Internal Revenue Code and established in Minnesota, including schools, government units, and departments and agencies of the state. This does not include radio and television stations.

Subp. 2.

Purpose of program.

The Arts Across Minnesota program exists to make outstanding arts experiences available to citizens in every region of the state through festivals and tour presentations that engage local artists, children, and other members of the public in community-wide arts celebrations.

A.

The host community grants help to bring quality performing arts experiences to citizens throughout Minnesota through arts residencies and presentations.

B.

The festival grants help to involve individual Minnesota artists and small- to mid-size Minnesota arts organizations in arts festivals primarily, and secondarily in the arts component of community-based festivals.

Subp. 3.

Uses of grants.

The Arts Across Minnesota program shall provide grants to Minnesota host community organizations and to organizations that sponsor or organize festivals to support both the artistic and administrative costs necessary for the artistic activities of the grant.

Subp. 4.

Advisory panel criteria to make recommendations to board.

The advisory panel criteria apply to the specific programs in items A and B.

A.

For the host community program, the review criteria by which an applicant is evaluated by the advisory panel are: artistic excellence of the proposed touring activities, program administration, demand for the tour presentation within the community, and geographic distribution. Artistic excellence is the primary criterion. Program administration, demand for the tour presentation, and geographic distribution are secondary criteria and equally important to each other.

(1)

Artistic excellence of the proposed touring activities is demonstrated by:

(a)

the qualities and characteristics of the artistic activities;

(b)

contributions to the artistic growth of the host community's constituency;

(c)

how the activities support the host community's mission and complement and build upon past programming; and

(d)

the merit and quality of the educational and community components of the tour presentation.

(2)

Program administration is demonstrated by:

(a)

presentation skills and experience in areas such as planning and evaluation;

(b)

proposed marketing strategies and budget;

(c)

the relationship of decisions to planning and evaluation processes;

(d)

planning to broaden and diversify the audience and ensure accessibility;

(e)

community residency stability viewed in terms of organizational stability and strength of fiscal position;

(f)

leadership's qualifications; and

(g)

a higher ratio of artistic fees, in comparison to the level of administrative costs associated with the tour presentation.

(3)

Demand for the tour presentation within the community is demonstrated by:

(a)

quality and appropriateness of venue within the community;

(b)

objectives that address the community's artistic needs;

(c)

the role of the host community as an advocate for the arts in the community;

(d)

efforts to create community understanding and awareness of works of art through educational offerings and programs; and

(e)

community investment through cash and in-kind contributions.

(4)

Geographic distribution of grants, in consideration of:

(a)

equitable geographic distribution of grants to host communities throughout Minnesota, with at least one tour presentation in each region, as funds permit; and

(b)

extra consideration allowed for communities that are new applicants to the program and proposals that reach new audiences.

B.

For the festivals program, the review criteria by which an applicant shall be evaluated by the advisory panel are: artistic excellence of the companies, artists, or exhibitions to be presented; program administration; demand for the festival within the community; and geographic distribution. Artistic excellence is the primary criterion. Program administration, demand for the festival, and geographic distribution are secondary criteria and equally important to each other.

(1)

Artistic excellence of the companies, artists, or exhibitions to be presented shall be demonstrated by:

(a)

the qualities and characteristics of the artistic activities;

(b)

contributions to the artistic growth of the applicant organization's constituency;

(c)

program selection that reflects a diversity of artists or genres;

(d)

how the activities support the festival's mission and complement and build upon past programming;

(e)

a higher ratio of artistic fees, in comparison to the level of administrative costs associated with the festival activities; and

(f)

the merit and quality of the educational components of the festival.

(2)

Program administration shall be demonstrated by:

(a)

festival presentation skills and experience in areas such as planning and evaluation;

(b)

proposed promotional strategies and budget;

(c)

the relationship of decisions to planning and evaluation processes;

(d)

planning to broaden and diversify the festival audience and ensure accessibility;

(e)

festival stability viewed in terms of organizational stability and strength of fiscal position; and

(f)

leadership's qualifications.

(3)

Demand for the festival within the community shall be demonstrated by:

(a)

quality and appropriateness of venue within the community;

(b)

objectives that address the community's artistic needs;

(c)

the role of the festival presenter as an advocate for the arts in the community;

(d)

efforts to create community understanding and awareness of works of art through educational offerings and programs; and

(e)

community investment through cash and in-kind contributions.

(4)

Geographic distribution of grants, in consideration of:

(a)

equitable geographic distribution of grants to festivals throughout Minnesota, with at least one festival in each region, as funds permit; and

(b)

extra consideration allowed for communities that are new applicants to the program and proposals that reach new audiences.

Subp. 5.

Additional eligibility requirements.

A.

All host community applicants must meet the additional eligibility requirements in subitems (1) to (9) to apply for funds.

(1)

The applicant shall submit only one application per fiscal year to the host community program.

(2)

The applicant shall present activities by a Minnesota arts organization that include all three required residency components listed in units (a) to (c):

(a)

public performances or exhibitions for the community;

(b)

community classes or training workshops for adults, including, where possible, local avocational or professional artists; and

(c)

workshop activities involving young people or K-12 students in schools or community organizations.

(3)

The applicant must have two recent years of arts presenting experience in Minnesota.

(4)

The applicant must meet or exceed the minimum cash expenses for the proposed host community activities as determined by the board and printed in current program information.

(5)

Recipients of host community grants shall not be eligible to receive a festivals grant in the same fiscal year.

(6)

Applicants to the host community program must not have received a host community grant in the fiscal year immediately preceding the current fiscal year.

(7)

The applicant must not apply for or have received an institutional support grant from the board in the same fiscal year of funding.

(8)

The applicant must not apply for or have received a series presenter support or folk arts sponsorship grant from the board representing the same activity in the same fiscal year of funding.

(9)

Host community grant funds cannot be used for fund raisers.

B.

All festivals applicants must meet the additional eligibility requirements in subitems (1) to (8).

(1)

The applicant shall submit only one application per fiscal year to the festivals program.

(2)

The applicant's proposed festival arts activities to be supported by this grant involve only individual Minnesota artists or Minnesota arts organizations.

(3)

The applicant must meet or exceed the minimum cash expenses for the proposed festival activities as determined by the board and printed in current program information.

(4)

Recipients of festivals grants shall not be eligible to receive a host community grant in the same fiscal year.

(5)

The applicant must not apply for or have received an institutional support or institutional presenter support grant from the board in the same fiscal year of funding.

(6)

The applicant must not apply for or have received a series presenter support or folk arts sponsorship grant from the board representing the same activity in the same fiscal year of funding.

(7)

Festivals grant funds cannot be used for a series of events, county fairs, the state fair, fund raisers, conferences, carnivals, midways, or fairways.

(8)

Festivals grant funds cannot be used for artist residencies that take place outside of the primary festival dates.

Subp. 6.

Dollar amount of grants.

The minimum and maximum amounts for grant awards for Arts Across Minnesota host community or festivals shall be determined by the board based upon available resources and printed in current program information.

Statutory Authority:

MS s 129D.04

History:

24 SR 663

Published Electronically:

September 14, 2007

1900.1700

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1710 ADDITIONAL REQUIREMENTS AND PROCESSES FOR PRESENTER SUPPORT PROGRAM.

Subpart 1.

Definitions.

A.

"Series" means a sequence of professional arts presentations or events, related in some way, and marketed as a set to an audience.

B.

"Presenting organization" means an institution exempt from taxation under section 501(c)(3) of the Internal Revenue Code that has been established in Minnesota and is engaged primarily in presenting arts activities; or an artist service agency that works to maintain an independent operation dedicated solely to the arts. Presenting organization does not include schools, universities, libraries, civic organizations, or other community service agencies.

C.

"Presenting affiliate" means an organization that is hosted within with a nonprofit, tax-exempt, nonarts institution and must also have:

(1)

a distinct identity;

(2)

professional arts management;

(3)

continuing arts programming;

(4)

evidence of a broad community following, as validated by the sale of season tickets, organized public classes, or a charitable membership;

(5)

a citizen advisory or governing board;

(6)

evidence of the receipt of other charitable arts support; and

(7)

a certified audit of the financial activity specifically addressing the arts activities of the affiliate organization.

D.

"Charitable arts support" consists of contributions and donations from foundations, corporations, businesses, and individuals; grants from government agencies excluding Minnesota state Arts Board grants; the proceeds from benefits, special events, and memberships which are tax-deductible as charitable contributions; contributed assets released from restrictions; and contributed support to affiliate arts organizations from their nonprofit or government host institution.

E.

"Unrestricted contributed revenue" is defined as contributions without donor-imposed restrictions.

Subp. 2.

Purpose of program.

The presenter support program shall provide an opportunity for the public to experience new, diverse, and outstanding live artistic performances, exhibitions, screenings, and readings in the visual, performing, and literary arts; and shall encourage presenters to build strong arts series programming within their communities.

A.

The series presenter support grants are intended to nurture high quality, statewide programming.

B.

The institutional presenter support grants must provide unrestricted support to high quality, established presenting organizations throughout the state.

Subp. 3.

Uses of grants.

The presenter support program shall provide grants to Minnesota presenting organizations. Any arts board funding received by an affiliate organization must be expended for arts programming only and not for expenses related to the host institution.

A.

The series presenter support program must provide grants to presenting organizations to support both the artistic fees and administrative costs necessary to present an artistic series of state, national, or international touring artists and companies.

B.

The institutional presenter support program must provide unrestricted support to high quality, established presenting organizations.

Subp. 4.

Advisory panel criteria to make recommendations to board.

The advisory panel criteria apply to the specific programs in items A and B.

A.

For series presenter support, the three review criteria by which a series presenter support applicant shall be evaluated by the advisory panel are: artistic excellence of the companies, artists, or exhibitions to be presented is the primary criterion. Program administration and demand for the series within the community are secondary criteria and equally important to each other.

(1)

Artistic excellence of the companies, artists, or exhibitions to be presented shall be demonstrated by:

(a)

the qualities and characteristics of the artistic activities;

(b)

contributions to the artistic growth of the presenter's constituency;

(c)

program selection that reflects a diversity of artists or genres;

(d)

how the activities support the presenter's mission and complement and build upon past programming; and

(e)

the quality of the artistic activity considering the funds available for artistic fees.

(2)

Program administration shall be demonstrated by:

(a)

presentation skills and experience in areas such as marketing and evaluation;

(b)

strong cash commitment to the series, with income derived from a variety of sources;

(c)

the level of administrative costs associated with the series in comparison to artistic fees;

(d)

the relationship of decisions to planning and evaluation processes; and

(e)

series stability viewed in terms of organizational stability, strength of fiscal position, and leadership.

(3)

Demand for the series within the community shall be demonstrated by:

(a)

accessibility to and continued development of broad audiences, including efforts to increase accessibility as shown by an Americans with Disabilities Act (ADA) plan;

(b)

objectives which address the community's artistic needs;

(c)

the role of the presenter as an advocate for the arts in the community; and

(d)

efforts to create community understanding and awareness of works of art through educational offerings and programs.

B.

The institutional presenter support grant must be based on two components of one review process: the formula funds component and the merit component. An applicant meeting the eligibility and review criteria shall receive an award in the formula funds component of the grant. An applicant that can show exceptional achievement in any of the stated criteria shall also receive an award in the merit component.

The four review criteria by which an institutional presenter support applicant shall be evaluated by the advisory panel are listed in this part. Artistic excellence and leadership shall be the primary criteria. Management and fiscal responsibility, accessibility and education, and service to the state shall be secondary criteria and equally important to each other.

(1)

Artistic excellence and leadership shall be demonstrated by:

(a)

the qualities and characteristics of the artistic activities relevant to the specific artistic disciplines or services provided;

(b)

contributions to the artistic growth of the presenter's constituencies;

(c)

professional presentations or events that reflect a diversity of artists or genres;

(d)

how the activities allow the arts form and artists to develop;

(e)

opportunities for the involvement and support of Minnesota artists;

(f)

the qualifications and achievements of artists and artistic leadership; and

(g)

the relative balance of artistic planning and decision making as they relate to financial decisions.

(2)

Management and fiscal responsibility shall be demonstrated by:

(a)

evidence of sound financial planning and marketing that supports artistic programs;

(b)

the relationship of decisions to planning and evaluation processes;

(c)

the extent to which planning includes the viewpoints of artists and the audience;

(d)

board composition and roles, staff qualifications, and responsibilities;

(e)

organizational stability and fiscal position;

(f)

strong cash commitment to the presenting activities, with income derived from a variety of sources;

(g)

the relationship of projected earnings to earning capacity;

(h)

commitment to a balanced budget;

(i)

evidence of a long-term plan to apply reserves wisely, where reserves exist; and

(j)

the challenges and opportunities associated with the artistic disciplines involved, geographic location, and availability of resources of an applicant.

(3)

Accessibility and education shall be demonstrated by:

(a)

efforts to increase accessibility as shown by an Americans with Disabilities Act (ADA) plan;

(b)

qualities and programs that make the organization approachable and available to a broad public audience;

(c)

how well the actual audience matches the intended audience;

(d)

efforts to create community understanding and awareness of works of art through educational objectives;

(e)

commitment to education beyond regular public programming; and

(f)

the role of the organization and its leaders as advocates for the arts in the community.

(4)

Service to the state shall be demonstrated by:

(a)

evidence of artistic impact in the community, region, state, or nation;

(b)

the organization's contribution of a unique art form or service;

(c)

the national or international reputation of the organization; or

(d)

the ability of the organization to reach a broad constituency throughout the state.

Subp. 5.

Additional eligibility requirements.

A.

All presenter support applicants must meet the additional eligibility requirements in subitems (1) to (6) to apply for funds:

(1)

The applicant must be a presenting organization or presenting affiliate as defined in subpart 1 and be engaged in presenting activities.

(2)

The applicant must demonstrate two recent consecutive years of arts presenting experience in Minnesota.

(3)

The applicant must not apply for or have received an institutional support or folk arts sponsorship grant from the board representing the same activity or fiscal year of funding.

(4)

The applicant must not propose or engage in activities that only consist of single events, fairs, festivals, or touring programming intended to serve primarily elementary or secondary school students.

(5)

Organizations based in or primarily serving an academic program are not eligible.

(6)

The project budget may not contain combined funding from a regional arts council and the board that amounts to more than one-half of the project's total cash expenses.

B.

In addition to the requirements in item A, all series presenter support applicants must also meet the requirements in subitems (1) to (3).

(1)

The applicant must demonstrate an annual series cash expense of at least the minimum dollar amount as determined by the board and printed in current program information.

(2)

The applicant must sponsor at least three professional artists, companies, exhibitions, or screenings during an annual season in a community or the number of artist groups printed in current program information.

(3)

The applicant must not apply for or have received an Arts Across Minnesota host community or festivals grant from the board representing the same activities.

C.

In addition to the requirements in items A and B, all institutional presenter support applicants must also meet the requirements in subitems (1) to (3).

(1)

The applicant must be able to demonstrate in its two most recently completed certified audits that it meets the minimum operating expense level requirements as determined by the board and printed in the current program information.

(2)

The applicant must sponsor at least five professional artists, companies, exhibitions, or screenings during an annual season in a community or the number of artist groups printed in current program information.

(3)

For applications submitted for Minnesota state Arts Board fiscal years 2002 and 2003 support, an applicant's unrestricted revenue over a two-year period must consist of at least five percent charitable arts support calculated by determining the dollar amount of charitable arts support donated over a two-year period and determining the percentage the charitable arts support represents in relation to the applicant's total unrestricted revenue, excluding investment income, received over the two-year period. This requirement must be evidenced by the applicant's most recently completed certified audits.

For applications submitted for Minnesota state Arts Board fiscal year 2004 and all subsequent years' support, an applicant's unrestricted revenue over a two-year period must consist of at least ten percent charitable arts support calculated by determining the dollar amount of charitable arts support donated over a two-year period and determining the percentage the charitable arts support represents in relation to the applicant's total unrestricted revenue, excluding investment income, received over the two-year period. This requirement must be evidenced by the applicant's most recently completed certified audits.

Subp. 6.

Interviews.

Applicants must agree to participate in an interview or site review if requested.

Subp. 7.

Dollar amount of grants.

A.

For series presenter support, the minimum grant shall be determined by the board based upon available resources and printed in current program information. The maximum grant is 20 percent of the projected cash expenses of the proposed series.

B.

For institutional presenter support, grant amounts must be determined for both the formula funds and merit components.

(1)

For the formula funds component of the grant, all grantees shall receive the same percentage of their qualifying two-year average operating expenses. The board shall calculate the amount of each grant based on the eligible applicant pool and funds available.

(2)

For the merit component of the grant, the minimum grant award must be based on the applicant's operating expenses according to the category established annually by the board and listed in the current program information. The category shall be determined by the operating expense level requirements described in part 1900.1510, subpart 5, item B. The maximum grant award for the merit component shall be ten percent of the applicant's operating expenses for the most recently completed and audited fiscal year.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 24 SR 663; 25 SR 1653; 28 SR 854

Published Electronically:

September 14, 2007

1900.1800

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1810 ADDITIONAL REQUIREMENTS AND PROCESSES FOR FOLK ARTS PROGRAMS.

Subpart 1.

Definitions.

The terms in this part have the meanings given in items A to F.

A.

"Apprentice" means a person who shows promise in the art form of the master and who will benefit from teaching sessions with a master.

B.

"Community" means a group of people who share the same ethnic or tribal heritage, occupation, language, religion, geographic area, or traditional art form.

C.

"Folk art" means community-based traditional art. Whether music, dance, a handmade item, or any other form, folk art represents the long-standing character of a specific folk community.

D.

"In-family apprenticeships" means apprenticeship activities involving two members of a nuclear or extended family.

E.

"Interpretation" means helping members of the public to understand the connections between specific types of folk art and the cultures they represent.

F.

"Master" means a person recognized in a community to be a highly skilled folk artist.

Subp. 2.

Purpose.

The purpose of the folk arts program is to focus on preserving and perpetuating Minnesota's living folk arts traditions. The program covers the specific areas in items A and B.

A.

The folk arts sponsorship program is intended to support folk arts traditions of Minnesota, and help Minnesota citizens appreciate the variety of traditions that make up their shared inheritance.

B.

The folk arts apprenticeship program shall foster the transmission of folk arts skills by traditional means from a master artist to an apprentice.

Subp. 3.

Activities funded.

The folk arts program shall provide grants to folk artists and organizations creating or presenting folk arts. Each program focuses on the specific activities in items A and B.

A.

The folk arts sponsorship program shall provide annual grants for identifying folk artists and presentation of Minnesota folk arts. The grant funds may support one event or a series of events including exhibitions, concerts, workshops, or festivals.

B.

The folk arts apprenticeship awards shall be grants given for the serious study of folk arts between a master artist and an apprentice.

Subp. 4.

Criteria for advisory panel to make recommendations to board.

The program specific criteria by which a folk arts applicant shall be evaluated by the advisory panel to make recommendations to the board are listed in items A and B.

A.

For folk arts sponsorship, an applicant shall be evaluated by the Folk Arts Sponsorship Advisory Panel by four review criteria. Quality and traditionality of the folk art and merit and feasibility of the folk arts component shall be the primary criteria and equally important. The extent to which support will enhance the applicant's program and community need for the project shall be secondary criteria and equally important.

(1)

Quality and traditionality shall be demonstrated by the work samples submitted with the application.

(2)

Merit and feasibility of the folk arts interpretive component shall be demonstrated by activities which broaden the public's awareness and understanding of the folk arts traditions presented.

(3)

Extent to which support will enhance the applicant's program shall be demonstrated by:

(a)

the additional activities provided by the grant; and

(b)

the depth of the experience of the funded activity as presented to audience members.

(4)

Community need for the project shall be demonstrated by:

(a)

the need for specific cultures to celebrate their traditions; and

(b)

the need for intercultural understanding provided by the project.

B.

For folk arts apprenticeship, an applicant shall be evaluated by the Folk Arts Apprenticeship Advisory Panel by three review criteria. Quality and traditionality of the folk art shall be the primary criteria. Merit of the apprenticeship plan and impact of the apprenticeship on community-based folk arts traditions of Minnesota shall be secondary criteria and equally important.

(1)

Quality and traditionality of the folk art shall be demonstrated by:

(a)

the work samples of the apprentice and master;

(b)

the capabilities of the master; and

(c)

the appropriateness of the art form for a folk arts funding project.

(2)

Merit of the apprenticeship plan shall be demonstrated by:

(a)

the readiness of the proposed apprentice to learn from the master;

(b)

the adequacy of the amount of support requested for payment of fees to the master, materials, travel, and other aspects of the budget expenditures; and

(c)

the adequacy of the number and length of meetings and the adequacy of the scheduling of meetings between master and apprentice.

(3)

Impact of the apprenticeship on community-based folk arts traditions of Minnesota shall be demonstrated by:

(a)

the apprenticeship representing a community-based folk arts tradition of Minnesota; and

(b)

the likelihood of the apprentice practicing the newly acquired skills within an appropriate folk arts community.

Subp. 5.

Additional eligibility requirements.

Folk arts applicants must meet the additional program specific requirements in items A and B.

A.

For folk arts sponsorship:

(1)

The applicant must be able to demonstrate that it meets the definition of an organization or has written approval by the board to use a fiscal agent.

(2)

The applicant has been in existence at least one year before applying for a grant.

(3)

The applicant proposing single event activities must include at least one Minnesota folk artist in the activities and, if proposing more than one event in a series, must include at least one Minnesota folk artist in each event in the series.

(4)

The applicant must not apply for or have received another institutional support or series presenters grant from the board for the same activity or fiscal year of funding. The applicant must not apply for or have received an Arts Across Minnesota festivals or host community grant for the same activity in the same fiscal year of funding.

(5)

The applicant must not propose or engage in any of the activities, conditions, or use of funds in units (a) to (c):

(a)

strictly for research;

(b)

for events which are presented solely to kindergarten to grade 12 students during the school day; or

(c)

for touring activities, performances, or exhibitions carried out exclusively by student organizations or schools.

B.

For folk arts apprenticeship:

(1)

In-family apprenticeships shall be eligible only when funds for the master's fees are needed to avoid financial hardship caused by a loss of income resulting directly from training activities. Under no circumstances will the board support in-family apprenticeships when the persons reside in the same household or when the apprenticeship activities are combined with family socializing or any other nontraining event.

(2)

An apprentice may be younger than 18 years of age when all of the criteria and the conditions in units (a) to (d) are met:

(a)

the official applicant is the master;

(b)

the apprentice is an individual of unusual aptitude and ability;

(c)

the apprentice's parent or legal guardian signs a statement giving permission and acknowledging support for the project, and certifying that the apprentice will complete the training as described in the application; and

(d)

when folk arts traditions within a specific community are typically passed on to persons under 18 years of age.

(3)

An applicant must not participate in the folk arts apprenticeship program, either as an apprentice or master, more than once every other year.

(4)

An individual who has received an artist assistance fellowship or cultural collaborations grant from the board in the year preceding the application program fiscal year is not eligible.

(5)

An applicant may not use funds for meals if one-way travel to the apprenticeship site is under 35 miles.

Subp. 6.

Dollar amount of grants.

The minimum and maximum amounts for grant awards for folk arts sponsorship and folk arts apprenticeship shall be determined by the board based upon available resources and printed in current program information.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 24 SR 663

Published Electronically:

September 14, 2007

1900.1900

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.1910 ADDITIONAL REQUIREMENTS AND PROCESSES FOR ARTIST ASSISTANCE PROGRAMS.

Subpart 1.

Definitions.

A.

"Artist partner" means the Minnesota individual artists named in a cultural collaborations application. The artist partner may or may not be the actual applicant.

B.

"Collaboration" means the process that occurs when more than one artist or an artist and an organization work together to create and present artwork.

C.

"Collaborating organization" means the organization (as defined in part 1900.0310, subpart 11, except also including radio and television stations) named in a cultural collaborations application. The collaborating organization may or may not be the actual applicant.

D.

"Video documentation" means the documentation of the following artist's work: choreographers, dancers, actors, directors, performance artists, lighting, set or costume designers, conductors, and storytellers.

Subp. 2.

Purpose of program.

The purpose of the artist assistance program is to support artists at various stages in their careers. The program focuses on the specific purposes in items A to D.

A.

The fellowship program is designed to recognize, reward, and encourage outstanding individual artists throughout Minnesota.

B.

The career opportunity grant program shall help artists to take advantage of unique impending, concrete opportunities that will significantly advance their work or careers.

C.

The cultural collaborations program is designed to foster the creation of any style of art, ranging from contemporary to classical or traditional, by artists of color in collaboration with Minnesota organizations and present it to a public audience.

D.

The video documentation program is designed to address the need for artists whose work is time- or movement-based to document their work.

Subp. 3.

Uses of grants.

The artist assistance program shall provide grants to fund time and costs related to continuing, documenting, or creating new work. Each program focuses on the specific activities in items A to D.

A.

The fellowship grants shall allow artists working in the visual, literary, and performing arts to set aside time to work, provide living expenses, purchase supplies and materials, undertake advanced study not related to a degree, or to pursue other artistic career goals.

B.

The career opportunity grants shall provide funds for unique, short-term opportunities which enhance career goals.

C.

The cultural collaborations grants shall provide funds to persons of color, directly or through the collaborating organization, for the collaborative creation of any style of art, ranging from contemporary to classical or traditional in the visual, literary, or performing arts.

D.

The video documentation program provides funds to individual artists to have a video made of their work in order to improve their ability to represent themselves and their work in various contexts for uses which include: marketing their work, creating an archival record of their work, and using the video as a self-evaluation tool in order to improve their work.

Subp. 4.

Criteria used by advisory panel to make recommendations to board.

The primary review criterion by which an artist assistance application shall be evaluated by the advisory panel, with the exception of the career opportunity grant application, to make recommendations to the board is artistic quality of work, as demonstrated by an artist's work sample. For video documentation applicants, the panel must take into consideration videotapes of lesser quality if the individual artist's work demonstrates artistic quality. For the cultural collaborations program, the work sample of the collaborating organization may also be considered. In addition, the secondary criteria stated in items A to D apply to specific program areas.

A.

For a fellowship award, merit and feasibility shall be demonstrated by:

(1)

the anticipated impact on the applicant's career;

(2)

relevance to the artist's work; and

(3)

the artist's ability to accomplish the proposed activity.

B.

For a career opportunity grant, merit and feasibility shall be demonstrated by the opportunity's anticipated impact on the applicant's work or the development of the applicant's career. Financial feasibility shall be demonstrated by a budget that realistically reflects costs associated with the project.

C.

For a cultural collaborations grant, merit and feasibility shall be demonstrated by:

(1)

the strength of the project idea;

(2)

a clear and complete project description;

(3)

an achievable timeline;

(4)

the commitment to and ability to accomplish the project by the collaborating organization;

(5)

the degree to which the project helps the collaborating organization reach artistic and diversity goals;

(6)

the degree that the project advances the artist's career; and

(7)

the strength of the public presentation component.

D.

For a video documentation award, merit and feasibility must be demonstrated by:

(1)

the anticipated impact on the development of an applicant's career as demonstrated by a description of how the video will be used;

(2)

the feasibility of the proposed documentation activity as demonstrated by a budget and plan that realistically reflect the costs and logistics of the project; and

(3)

a description of the artist's plan to improve the quality of the documentation, including the professional qualifications of the videographer, the demonstration of a plan between the artist and the videographer which takes into account unique aspects of the work that will be documented on the video, and a clear description of the format of the finished product.

Subp. 5.

Additional requirements.

Artist assistance applicants must meet the additional program specific eligibility requirements in items A to D to receive a grant.

A.

Fellowship applicants must not have received a cultural collaborations or a folk arts apprenticeship (either as apprentice or master) award from the board in either of the two fiscal years preceding the current year or in the current fiscal year. In addition, fellowship applicants must not have received a fellowship award from the board in any of the three fiscal years preceding the current year or in the current fiscal year. Finally, applicants must not submit more than one fellowship application each fiscal year.

B.

Cultural collaborations applicants shall be either individual Minnesota artists or nonprofit Minnesota organizations. Each application must name at least one and no more than two artist partners and a nonprofit entity as the collaborating organization as defined in part 1900.0310, subpart 11. However, for this program, an exception to that definition is that a radio or television station may be the collaborating organization.

(1)

Artist partners named in the application must not have received a cultural collaborations, folk arts apprenticeship (either as apprentice or master), or fellowship award from the board in the fiscal year preceding the current year or in the current fiscal year, regardless of whether or not they are the official applicant.

(2)

Artist partners must identify with and be recognized as a person of color.

(3)

Artist partners may be named in only one cultural collaborations application per deadline.

(4)

Collaborating organizations may submit only one application per deadline.

C.

Career opportunity grant proposals must be unique and not have been submitted in a prior career opportunity grant review cycle in the same fiscal year.

An individual awarded a career opportunity grant in a fiscal year may not apply for an additional career opportunity grant at any future deadline in the same fiscal year.

An individual awarded an artist assistance fellowship grant or a folk arts apprenticeship grant (as either an apprentice or a master) may not apply for a career opportunity grant at any future deadline in the same fiscal year.

Opportunities must fit within the time frame described in the current career opportunity grant program information.

D.

Video documentation grant proposals may not be used for:

(1)

production of videos intended for sale;

(2)

production of videos where the video itself is the artistic discipline;

(3)

video copies of a film; or

(4)

videos intended solely for educational purposes.

Subp. 6.

Additional processes for reviewing grants.

Career opportunity grant applications shall be reviewed preliminarily by agency staff based on the criteria. Leading applications shall be identified by staff and then reviewed by a subcommittee of the board which makes the final decisions to award grants.

Subp. 7.

Dollar amount of grants.

The fellowship grant is a set amount. The career opportunity and cultural collaborations grants have minimum and maximum amounts. Grant amounts for fellowships, career opportunity grants, and cultural collaborations grants shall be determined by the board based upon available resources and printed in current program information.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 24 SR 663; 26 SR 1301

Published Electronically:

September 14, 2007

1900.2000

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2010 ADDITIONAL REQUIREMENTS AND PROCESSES FOR ARTS IN EDUCATION PROGRAMS.

Subpart 1.

Definitions.

The terms in this part have the meanings given in items A to C.

A.

"Professional artist" means someone whose primary career is the creation of art, and who demonstrates the ability to teach an art form to kindergarten to grade 12 students.

B.

"Residency" means the activity that occurs when an artist works with kindergarten to grade 12 students in a school according to the residency model.

C.

"Residency model" means the board prescribed description, contained in program information, of the responsibilities, activities, roles, and characteristics of the activity that occurs when an artist works with kindergarten to grade 12 students in a school setting funded by the board.

Subp. 2.

Purpose of program.

The purpose of the arts in education program shall be to convey to students and teachers that the arts are essential to education and to daily life. In the program, qualified artists and arts organizations shall participate in educational settings to reinforce students' critical thinking, self-discipline, and creative self-expression.

A.

The arts in education school support grants are intended to help schools to involve professional artists to strengthen school arts programming. The artist residency shall serve to demonstrate the vitality of an arts discipline. The artist shall act as a professional role model, assist teachers and students in using the creative process in their work and lives, and draw attention to the necessity for arts in the classroom and in the community.

B.

The arts in education organizational support program is intended to encourage and expand the delivery of cost-efficient quality arts residency programs to schools by providing grants to arts organizations.

Subp. 3.

Uses of funds.

The program shall fund artist residency activities at kindergarten to grade 12 public or private nonparochial schools or educational organizations. The program shall focus on the specific activities in items A and B.

A.

The arts in education school support program shall provide matching grants to elementary and secondary Minnesota schools for artist residencies.

B.

The arts in education organizational support program shall provide grants for organizations that produce school residency programs.

Subp. 4.

Criteria used by advisory panel to make recommendations to board.

The criteria apply to the specific programs in items A and B.

A.

For arts in education school support, the review criteria by which an applicant is evaluated by the advisory panel to make recommendations to the board for an arts in education grant are listed in subitems (1) to (4). All applicants must provide a written description of the proposed project that addresses the criteria listed in subitems (1), (2), and (3). Previous grant recipients of the arts in education school support grant program must address all four criteria.

Artistic quality and merit are the primary criteria and are equally important. Applicants must provide a written description that addresses the artistic quality and merit of the proposed project as listed in subitems (1) and (2).

The secondary criteria are described in subitems (3) and (4). All applicants must provide a written explanation that describes the impact of the proposed residency project listed in subitem (3).

Previous grant recipients to the arts in education school support program must provide a written description that addresses the criteria listed in subitems (1), (2), and (3). Previous grant recipients to the arts in education school support program must also provide a written description of the growth and increased local commitment for the proposed project as described in the criteria listed in subitem (4). The criteria are:

(1)

artistic quality and merit of the proposed residency, as demonstrated by:

(a)

artistic quality of the work of the artist in the residency;

(b)

the residency plan, including an overall schedule of what activities the artist will provide and the grade level of the students being served;

(c)

the artistic goals of the school and how the residency fulfills those goals and meets the curricular objectives;

(d)

involvement of parents and community in the residency; and

(e)

demand or need for the residency and how it complements rather than replaces the existing arts resources in the school;

(2)

ability of the school applicant to accomplish the residency, as demonstrated by:

(a)

the makeup of the school planning team members and the planning process;

(b)

how the school, students, staff, and community will be prepared for and involved in the residency;

(c)

the financial commitment to the residency by the school and the community;

(d)

how the residency will be publicized, documented, and evaluated; and

(e)

the depth and breadth of the partnership between the artist and the educators;

(3)

impact of the proposed residency on school curricula, as demonstrated by:

(a)

the school's progress toward a comprehensive education in the arts for all students;

(b)

program enhancement by an art critic/historian/aesthetician; and

(c)

the use of artist/teacher contact time, including teacher in-service; and

(4)

growth in and increased local commitment to school arts programming, as demonstrated by one or more of the following:

(a)

the level of financial commitment by the applicant;

(b)

increased length of residency;

(c)

innovative residency plan for instruction with increased community involvement.

B.

For arts in education organizational support, the four review criteria by which an applicant shall be evaluated by the advisory panel to make recommendations to the board for an arts in education organizational support grant are in subitems (1) to (4). Artistic quality and merit of the residency program shall be the primary criteria and equally important. Ability of the applicant to accomplish the residencies, demand or need for the program, and impact of the proposed residency program on school arts curricula shall be secondary criteria and equally important. The criteria are:

(1)

artistic quality and merit of the residency program shall be demonstrated by:

(a)

methods of selection and qualifications of the artists to be involved in the residencies;

(b)

preparation of and services to artists, including appropriate compensation;

(c)

commitment to promoting arts education for all students;

(d)

merit of the residency, including overall schedule, length of residency, publicity aids, teacher contact time, and curriculum materials;

(e)

how residency program goals and objectives relate to the overall artistic mission of the organization;

(f)

involvement of parents and community in the residency; and

(g)

residencies beyond five days in length;

(2)

ability of the applicant to accomplish the residencies shall be demonstrated by:

(a)

a thorough planning process;

(b)

qualifications of administrative personnel;

(c)

previous experience in arts in education residencies;

(d)

realistic projections of residency activities; and

(e)

how the residencies are booked and managed;

(3)

demand or need for the program as demonstrated by:

(a)

cost-effectiveness of residencies, including the reasonableness of the costs to the schools;

(b)

a strong cash commitment to the residency program, including administrative support;

(c)

a commitment to and a history of arts residency programming outside the seven-county metro area;

(d)

programs which actively involve the local community as well as the school audiences; and

(e)

programs which involve and address the needs of geographically diverse and varied populations, including people of color, people with disabilities, and high achieving or high potential individuals; and

(4)

impact of the proposed residency on school curricula, as demonstrated by:

(a)

use of artist-teacher contact time;

(b)

a connection between residency content and schools' curricula; and

(c)

activity designed for long-term effect.

Subp. 5.

Additional requirements.

Arts in education applicants must meet the additional program specific requirements in items A and B.

A.

Arts in education school support.

(1)

The applicant must be a public or private nonparochial school or an institution which is exempt from taxation under the Internal Revenue Code, established in Minnesota, whose primary focus is the education of students in kindergarten to grade 12.

(2)

The applicant must name professional artists to participate in a residency who have been Minnesota residents for a minimum of six months prior to the application deadline.

(3)

The residency activity must conform to the residency model established by the board and printed in the program information.

(4)

The applicant must not propose or engage in any of the activities or uses of funds in units (a) to (i):

(a)

a residency beginning before the fiscal year for which the funds are budgeted or after the date the school year has ended;

(b)

a residency which consists exclusively of presentations by student organizations or student artists;

(c)

a residency which is exclusively for curriculum development;

(d)

a residency which is to be funded by the board in an amount which is more that one-half of the total residency costs, and does not include some cash match from the applicant;

(e)

a residency whose major audience is other than elementary or secondary students and faculty;

(f)

a residency which takes place outside the state of Minnesota;

(g)

to pay solely for the production costs associated with the creation of an arts event;

(h)

to purchase or commission a work of art; or

(i)

to pay artistic fees to include an arts organization in the residency.

(5)

The project budget may not contain combined funding from a regional arts council and the board that amounts to more than one-half of the project's total cash expenses.

B.

Arts in education organizational support.

(1)

The applicant must be able to demonstrate that it meets the description of an organization and is engaged in producing activities defined in part 1900.0310, subparts 11 and 15, or that it provides services to the arts.

(2)

The applicant must have been legally incorporated in Minnesota for at least six months prior to the application deadline.

(3)

The applicant must, in three recent years, have provided arts programming experience for students in kindergarten through grade 12.

(4)

The applicant must pay artists a daily rate which is comparable to rates otherwise established within its organization.

(5)

The residency activity must conform to the residency model established by the board and printed in the program information.

(6)

The applicant must not propose or engage in any of the activities or uses of funds in units (a) to (i):

(a)

residencies that take place outside of Minnesota;

(b)

residencies whose major audience is other than elementary or secondary students;

(c)

residencies also funded by the board's arts in education school support program;

(d)

residencies used exclusively for curriculum development;

(e)

residencies not coordinated by a paid, professional administrator;

(f)

a residency for which the board's grant is more than one-half of cash expenses and the applicant has not provided a dollar for dollar cash match;

(g)

a residency budget that includes more than 20 percent in administrative costs;

(h)

a residency budget that includes any administrative costs, if the applicant is already funded through the board's operating support program; and

(i)

a residency budget that includes indirect production expenses associated with the creation of an arts event, such as costumes, sets, matting, and framing costs.

(7)

The project budget may not contain combined funding from a regional arts council and the board that amounts to more than one-half of the project's total cash expenses.

Subp. 6.

Dollar amount of grants.

A.

The arts in education school support program may fund up to one-half of the total cost of a residency.

B.

The arts in education organizational support program may fund a maximum of one-half of residency expenses which must be matched in cash by the grant recipient.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 24 SR 663; 26 SR 1301

Published Electronically:

August 8, 2013

1900.2100

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2110 ADDITIONAL REQUIREMENTS AND PROCESSES FOR JURIED LISTINGS.

Subpart 1.

Definitions.

A.

"Juried" means a process when an advisory panel recommends to the board artists of sufficient caliber to be included in a publication based on a set of written criteria.

B.

"Paired artists" means two artists who want to be juried together and who are listed jointly as a single entry and whose activity is a collaboration for a single experience.

Subp. 2.

Purpose of juried listing.

The purpose of a juried listing is to provide a centralized source of written information about a specific group of artists. Based on a board review, artists who are included shall have been judged to be qualified to represent their art form or expertise to the public. The board is not an agent of any artist or group.

A.

The Minnesota folk artists directory is intended to provide a list of high-quality folk artists and groups interested in public performance opportunities to be distributed to arts programmers and others throughout the Upper Midwest, and to be used as a reference by state and local organizations interested in presenting the folk arts.

B.

The arts in education roster of artists shall provide a list of artists who specialize in school and community residency work, offering a balanced range of arts disciplines, teaching styles, and residency approaches to schools interested in offering artist residencies.

C.

The Arts Across Minnesota touring directory is a list of nonprofit performing and visual arts organizations in Minnesota that offer public performances, exhibitions, and community residency programming. The directory is intended to serve as a reliable source of high-quality touring organizations and as a reference for Arts Across Minnesota host community applicants.

Subp. 3.

Criteria used for recommendations to board.

The program specific review criteria in items A, B, and C shall be used by the advisory panel to make juried listing recommendations to the board.

A.

For the Minnesota folk artists directory, the two review criteria by which an applicant is evaluated shall be quality and traditionality of the artists' work and shall be equally important.

(1)

Quality, as demonstrated by gauging the level of artistic achievement of individual works of art compared to the standards of a given art form.

(2)

Traditionality, as demonstrated by the degree to which specific works share the established artistic conventions of other works in a given art form.

B.

For the arts in education roster of artists, the two review criteria by which an applicant shall be evaluated are listed and described in subitems (1) and (2). Artistic quality of the artist's work and teaching and planning ability to carry out a residency model shall be equally important.

(1)

Artistic quality shall be demonstrated by:

(a)

artistic merit of the work sample;

(b)

technically and conceptually accomplished work; and

(c)

evidence of strong professional development, career commitment, and artistic recognition.

(2)

Teaching and planning ability to carry out a successful school residency shall be demonstrated by:

(a)

the teaching ability to express ideas clearly, to relate one's art and ideas to students;

(b)

past teaching experience;

(c)

understanding different age levels and abilities, a diversity of cultures and communities in all geographic regions of Minnesota, and individuals with disabilities;

(d)

a residency plan that outlines a positive art experience for participants; and

(e)

the planning ability to effectively organize a residency approach and coordinate a residency with school personnel that is realistic and tied to educational concepts with a high probability for completion.

C.

For the Arts Across Minnesota touring directory, the two criteria by which an applicant shall be evaluated are listed and described in subitems (1) and (2). The two criteria shall be equally important.

(1)

Artistic quality and merit of the touring program shall be demonstrated by:

(a)

quality of the touring program;

(b)

proven ability to tour;

(c)

a commitment to and history of touring outside of the seven-county metropolitan area;

(d)

how tours are booked and managed;

(e)

evidence that the touring program contributes to the artistic growth and quality of life in the host community; and

(f)

the role of the touring group as a catalyst for other arts activities in the host community.

(2)

Ability to execute performances or exhibitions and community residency activities shall be demonstrated by:

(a)

merit and quality of community residency components;

(b)

experience working with young people and K-12 populations;

(c)

ability to work with adults in the community, including artists, both professional and avocational;

(d)

programs that actively involve the local community;

(e)

ability and willingness to work with experienced and inexperienced presenters; and

(f)

previous experience with Arts Across Minnesota residencies, if applicable.

Subp. 4.

Additional juried listings eligibility requirements.

Juried listings applicants must meet the additional program specific eligibility requirements in items A, B, and C.

A.

For the folk artists directory, a majority of the members of a folk arts group must be Minnesota residents under part 1900.1010, subpart 5, item D.

B.

For the arts in education roster of artists:

(1)

two artists may apply to the arts in education roster of artists program as paired artists;

(2)

the applicant must be available for and willing to conduct residencies throughout Minnesota;

(3)

the applicant must agree to participate in activities that are consistent with the residency model; and

(4)

the applicant must be at least 18 years old, be a United States citizen or have attained permanent resident alien status, and be a Minnesota resident under part 1900.1010, subpart 5, item D.

C.

For the Arts Across Minnesota touring directory, applicants must be a nonprofit Minnesota performing or visual arts organization that:

(1)

is able to demonstrate a history of touring activity;

(2)

is able to travel to every region of Minnesota; and

(3)

is proposing to provide services which include the following residency components:

(a)

public performances or exhibitions for the community;

(b)

community classes or training workshops for adults, including, where possible, local professional or avocational artists; and

(c)

workshop activities involving young people or K-12 students in schools or community organizations.

Subp. 5.

Additional processes for reviewing juried listings applications.

The additional program specific processes for reviewing juried listing applicants are described in items A, B, and C.

A.

Folk artists directory.

(1)

Applicants listed in a current folk artists directory may be listed in up to three future editions of the directory without additional review.

(2)

Each artist listed in the folk artists directory shall reapply at least once every four years following the processes and procedures described in part 1900.0510.

B.

Arts in education roster of artists.

(1)

Applicants may be rated and ranked by the advisory panel to determine the final listing of artists.

(2)

Applicants listed in a current roster may submit an application by the regular deadline or an abbreviated application which has an earlier deadline when the conditions in units (a) and (b) are met:

(a)

the applicant has completed at least one residency that follows the Arts Board model as determined by the board, in the two school years prior to the deadline; and

(b)

school residency reports document the applicant's success in previous board-funded residencies:

i.

the applicant can demonstrate continued career activity or professional development; and

ii.

the applicant agrees to maintain the qualities reviewed by the criteria in subpart 3, item B.

C.

Arts Across Minnesota touring directory.

(1)

Applicants in a current touring directory may be listed in up to one future edition of the directory without additional review.

(2)

Each applicant listed in the touring directory shall reapply at least once every other year following the processes and procedures described in part 1900.0510.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 24 SR 663

Published Electronically:

September 14, 2007

1900.2200

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2210 ADDITIONAL REQUIREMENTS AND PROCESSES FOR MINNESOTA PERCENT FOR ART IN PUBLIC PLACES PROGRAM.

Subpart 1.

Definitions.

A.

"Commission" or "commission award" means the creation of a new work specific to a site.

B.

"Purchase award" means the direct purchase of an existing work of art.

C.

"Site" or "project" means a state building, the construction of which is paid for wholly, or in part, by the state of Minnesota, and does not include construction funds primarily appropriated for the repair, replacement, or enhancement of the infrastructures (electrical, plumbing, heating and cooling, or structural) which are not regularly seen by the public unless it is the desire of the tenant or managing agency to proceed with approval from the commissioner of administration.

D.

"Site selection committee" means at least five, and no more than seven, individuals who will recommend artwork for a designated site. The committee is chaired by a designee of the board who is a nonvoting member of the committee.

E.

"Slide registry" means a nonjuried collection of slides and information on visual artists interested in having their work purchased or commissioned for newly constructed or renovated state building sites across Minnesota.

F.

"Work of art" or "artwork" means original and unique creations in visual media:

(1)

produced by or under the control of artists generally recognized by their peers and critics as professional artists; and

(2)

chosen by site selection committees.

Subp. 2.

Purpose of program.

The purpose of the Minnesota percent for art in public places program is to make possible the acquisition of works of art to be exhibited in areas of a state building or its grounds, accessible on a regular basis to members of the public.

Subp. 3.

Activities the program supports.

The program may purchase or commission original works of art with up to one percent of the total construction budget of a state building with a construction or renovation budget of at least $500,000. This program shall enable artists to participate with client agencies and design professionals in the process of designing public spaces within and around state buildings; shall commission artists to create artworks to be integrated into the buildings and sites; or shall purchase existing artworks to be displayed throughout the buildings. In addition, the program shall manage and maintain a slide registry as a resource for selecting visual artists and artwork when new sites are identified for the program. The registry shall also be used by other nonstate organizations or individuals interested in locating artwork for commission or purchase. With authorization from the Department of Administration, the board may use up to 20 percent of each site's percent for art in public places' appropriation for administrative costs.

Subp. 4.

Processes used to select artwork for site.

The board shall generally use a site selection committee process described in subpart 9 to select artwork for a site. Under emergency circumstances, which the board determines in close consultation with the tenant when there is a lack of time or administrative financial resources, the board may determine that a purchase award is appropriate.

Subp. 5.

Criteria for recommendations.

The four criteria used when reviewing artwork for purchase, or artists to commission, shall be in the two perspectives as described in items A and B.

A.

Artistic quality, design, and permanence are the three primary criteria and equally important. Site selection committee members will examine slides of artists' previous work, and a professional resume when considering and assessing the artwork or artists.

(1)

Artistic quality shall be demonstrated by:

(a)

work samples;

(b)

adequate experience in production of public art; and

(c)

evidence of ability to work within budget.

(2)

Design shall be demonstrated by:

(a)

aesthetic compatibility with the architecture; and

(b)

appropriate medium, given the function and use of the site.

(3)

Permanence shall be demonstrated by:

(a)

use of durable materials; and

(b)

good construction techniques.

B.

The secondary criterion in order of importance shall be the acquisition of a variety of artwork appropriate to a public collection, which is demonstrated by:

(1)

artwork in different mediums and styles, and with a breadth of themes or subjects;

(2)

artwork which recognizes and fosters diverse social, cultural, and historical values; and

(3)

artwork which is memorable, thought-provoking, and enduring.

Subp. 6.

Site selection committees.

Site selection committees shall be organized in the same manner as advisory panels under part 1900.0410, subparts 2 to 6. Additional criteria to select the individuals who serve on a site selection committee are:

A.

members must have familiarity with public art issues and acquisition procedures or experience with community-based visual arts projects;

B.

(1) two members (or three, if it is a seven person committee) shall represent the residents and users of the building, appointed by the Minnesota state agency which has authority over the bonding appropriation that includes funds for the project;

(2)

one member shall represent the architect for the building; and

(3)

two members (or three, if it is a seven person committee) who have expertise as an artist, curator, critic, writer, museum director, arts educator or administrator, member of the Arts Board, architect, landscape architect, or other design professional shall be appointed by the board;

C.

each site selection committee must include a majority of Minnesota residents as voting members consistent with part 1900.1010, subpart 5, item D.

Subp. 7.

Residence exemption for slide registry.

Any artist may submit materials for the slide registry. The artist need not be a Minnesota resident.

Subp. 8.

Waiting periods for subsequent awards.

An artist who has received purchase awards through the program totaling a minimum amount as determined by the board based upon available resources and published in the current program information, or more, in one fiscal year must wait one year from the contract execution date before being considered for other projects by the board.

An artist who has received commission awards totaling a minimum amount as determined by the board based upon available resources and published in the current program information, or more, in one fiscal year must wait three years from the contract execution date before the artist shall be considered for other projects.

During the waiting period, an artist may remain on file in the slide registry, but the artist's work will not be considered for projects by the board.

Subp. 9.

Processes to identify applicants for consideration.

A.

One of the two methods in subitems (1) and (2) is used by the site selection committee to acquire works of art:

(1)

purchase of existing work; or

(2)

commission of new work especially for the site.

When new work is commissioned, the artist first presents a design proposal, including a budget and timeline, that must be reviewed and approved by the site selection committee.

B.

The site selection committee may use a combination of competition types to assemble a pool of applicants for awards.

(1)

Open competitions shall be announced through a large bulk mailing of a prospectus describing the project. Work samples from all applicants who respond shall be shown to the site selection committee. This type of competition is most suitable for projects with large budgets and extended timelines.

(2)

Registry competitions shall use the slide registry to prescreen applicants who meet the specific criteria identified for the site by the site selection committee. The slide registry shall be used for all projects, often in combination with other types of competitions, but is particularly suitable for projects with limited budgets, short timelines, and if work is sought for a purchase award.

(3)

Invitational competitions shall use a list of artists developed by the board for the purpose of sending an invitation to apply for a specific site award. This type of competition is most suitable when artists are sought who have particular skills or abilities, or who work in specific mediums appropriate to the project, or for projects with an extended timeline.

(4)

For direct competitions, the site selection committee shall directly invite a limited list of artists developed by the board to apply, or the committee shall visit galleries, museums, or studios to select artwork. This type of competition is most suitable for projects with limited budgets, short timelines, or where work is sought for direct purchase.

The site selection committee's recommendations shall be given to the board, the Department of Administration, and other necessary state agencies for final approval. Upon approval, the board shall enter into a contract with the artist. The contract shall provide for the direct purchase of existing work, the production of design proposals for a commissioned work, or the actual production of commissioned work.

Subp. 10.

Projects not eligible.

A project is not eligible for consideration for the program if it is not demonstrated that it meets the description of a site or project as defined in subpart 1.

In addition, a project is not eligible for funds if:

A.

the funds are to be used solely for the design or construction of elements of incidental or ornamental detail;

B.

the funds are to be used for payment of any architect's fees for participating on the site selection committee; or

C.

if the Department of Administration has determined it to be inappropriate.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380

Published Electronically:

September 14, 2007

1900.2300

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

REGIONAL ARTS COUNCILS

1900.2310 DEFINITIONS.

Subpart 1.

Scope.

For the purpose of parts 1900.2310 to 1900.4110, the following terms have the meanings given in subparts 2 to 17.

Subp. 2.

Allocation formula.

"Allocation formula" means the mathematical formula devised by the Regional Arts Council Forum to determine the amount of funding each regional arts council receives in its regional arts council block allocation.

Subp. 3.

Arts advisory council.

"Arts advisory council" means a group of citizens with expertise in the arts who review and recommend arts grant requests for funding on behalf of a regional development commission serving as the designated regional arts council.

Subp. 4.

Arts services.

"Arts services" means nongrant activities including information services, technical and consultative services, planning, report evaluation, and other developmental efforts that are provided by a regional arts council to its individual region.

Subp. 5.

Biennial plan.

"Biennial plan" means the written document prepared by a regional arts council and submitted to the board which outlines the decision making processes, programs, services, and budget to be followed by the regional arts council during the biennium.

Subp. 6.

Designated regional arts council.

"Designated regional arts council" means the one entity in each of the 11 regions which has gone through the designation process defined in parts 1900.3110 and 1900.3210.

Subp. 7.

Direct programming.

"Direct programming" means artistic endeavors which are initiated by one or more regional arts councils. It includes arts production, sponsorship, and presenting.

Subp. 8.

Fiscal agent.

"Fiscal agent" means any Minnesota nonprofit organization which is exempt from taxation under the Internal Revenue Code or any governmental unit which handles and accounts for funds for a group or organization receiving legislative funds through the board or a regional arts council. The fiscal agent is legally responsible for the proper management of disbursed funds.

Subp. 9.

Legislative arts allocation.

"Legislative arts allocation" means the biennial legislative appropriation which is intended for use by the regional arts councils.

Subp. 10.

Local regional arts development.

"Local regional arts development" means the work done by one or more of the regional arts councils to develop or enhance local or regional artists, arts organizations, arts resources, or arts audiences.

Subp. 11.

Obligated funds.

"Obligated funds" means funds from a regional arts council's block allocation from one fiscal year which are legally obligated to a specific future expense and recorded in a regional arts council's certified public audit.

Subp. 12.

Preliminary biennial plan.

"Preliminary biennial plan" means the initial document submitted to the regional arts advisory committee for review and advice about the plan's adherence to the applicable rules.

Subp. 13.

Regional arts council block allocation.

"Regional arts council block allocation" means money from the legislature which goes to a regional arts council through the board to provide arts services, direct programming, and grants for local and regional arts development.

Subp. 14.

Regional Arts Council Forum or RAC Forum.

"Regional Arts Council Forum" or "RAC Forum" means an incorporated, not for profit, 501(c)(3), voluntary membership association of the 11 regional arts councils formed to provide resources, deal with common issues, and develop mutual support among regional arts councils in order to promote arts in Minnesota. The organization is registered under the name Forum of Regional Arts Councils of Minnesota. Some of its functions shall include developing the regional arts council allocation formula, negotiating the Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement, and consulting with the board in the regional arts council designation process.

Subp. 15.

Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement.

"Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement" means the written agreement negotiated annually by the board and the Regional Arts Council Forum on behalf of the regional arts councils. The agreement shall include a description of the responsibilities of the board and the regional arts councils and identify the board as having statutory responsibility for the proper management of disbursed funds. Release of a regional arts council block allocation shall be initiated when the agreement is signed by both the board and the regional arts council.

Subp. 16.

Regional Arts Council Service Boundaries.

"Regional Arts Council Service Boundaries" means the geographic service area assigned to each regional arts council. The service boundaries correspond to state economic development regions as defined in Minnesota Statutes, section 462.384. Each region shall have its own regional arts council except regions 6E, 6W, and 8 which are served by one regional arts council.

Subp. 17.

Regional development commission.

"Regional development commission" means the entities defined in Minnesota Statutes, section 462.384, subdivision 5.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.2400

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2410 CHANGE TO SERVICE BOUNDARIES.

The regional arts council service boundaries which define the 11 regions may be changed if changes in the boundaries or number of regional arts councils are agreed to by the board and eight or more of the regional arts councils.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.2500

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2510 REQUIRED GOVERNANCE STRUCTURE.

A regional arts council may be a nonprofit, tax-exempt 501(c)(3) corporation, a regional development commission or an organization that conforms to the definition of a regional arts council but uses a fiscal agent until its 501(c)(3) status is approved. If a council is part of a regional development commission or another entity whose primary mission or function is not serving as a regional arts council, the organization must establish a distinct arts program, guided by an arts advisory council to make recommendations to the commission on the use of the legislative arts allocation.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.2600

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2610 ELIGIBILITY FOR ALLOCATION.

Subpart 1.

Year one of biennium.

To receive a regional arts council block allocation in year one of a biennium, the council must submit a biennial plan to the regional arts advisory committee by May 15. In addition, the council must meet the requirements of part 1900.4110, subparts 3 and 4.

Subp. 2.

Year two of biennium.

To receive a regional arts council block allocation in the second year of the biennium, the council must submit to the board, by May 15, an annual plan update that outlines anticipated changes to the biennial plan for the coming year. In addition, the council must meet the requirements of part 1900.4110, subparts 2 and 3.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 26 SR 1301

Published Electronically:

September 14, 2007

1900.2700

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2710 BIENNIAL PLAN COMPONENTS.

Subpart 1.

Required components.

For a biennial plan to be complete, the requirements of subparts 2 to 11 must be fulfilled.

Subp. 2.

Mission statement.

The biennial plan must include the regional arts council's mission statement which must describe the overall philosophy and aims of the organization concerning local and regional arts development.

Subp. 3.

Needs assessment.

The biennial plan must be based on a needs assessment carried out in a manner which ensured input from the arts community and the arts involved public. The components of the needs assessment shall be determined by the regional arts council and may consist of any combination of constituent meetings, focus groups, program evaluations, mail or telephone surveys, individual interviews, or other evaluative tools. The assessment shall be conducted to assess and prioritize constituent needs, to evaluate appropriate community and regional resources to meet those needs, and to determine the practicality of continuing existing programming activities, service and grants assistance programs, or the feasibility of developing new programs, services, or grants by the regional arts council. The needs assessment shall be updated at intervals determined and announced by the regional arts council, but no less frequently than once every four years. The results shall be included in the plan.

Subp. 4.

Description of planning process.

The biennial plan must include a description of the biennial planning process used by the council including a list of the steps included in the development of the biennial plan and the participants involved in the biennial planning process. Before the biennial plan is submitted to the board at least one public meeting must be held for the purpose of gathering reaction to the biennial plan.

Subp. 5.

Work plan for grants, programs, and services.

The biennial plan must include a work plan which contains a description of services, programs, and grants available from the council and the goals and objectives of these activities as related to the needs assessment.

Subp. 6.

Program information.

The biennial plan must include program information which describes grants and other forms of assistance available, the review criteria for evaluating grant requests, and eligibility requirements.

Subp. 7.

Organizational structure.

The biennial plan must include:

A.

a copy of the council's bylaws;

B.

an identification of the arts experience and background requirements for regional arts council board and arts advisory council membership;

C.

job descriptions of the staff of the organization;

D.

a description of the rotation system which will ensure replacement of regional arts council board and arts advisory council members on a regular basis;

E.

the names and affiliations of all regional arts council board, advisory council members and staff; and

F.

a description of the regional arts council board and advisory committee nominations process. The description of the nominations process shall include a statement of the council's commitment and methods used to identify, recruit, and appoint board and council members to provide representation from all counties.

Subp. 8.

Arts granting policy statement.

A.

When a council is part of a regional development commission the biennial plan must include a memorandum describing the policies and procedures under which grants will be made including a statement that the regional development commission agrees to fund only organizations or projects which have been recommended by its arts advisory council and that the recommendations will be based on the regional arts advisory committee's review of the application's artistic merit, the applicant's ability, and the need for the project or program.

B.

If a council is using a fiscal agent because its 501(c)(3) application has been filed but not yet approved, the biennial plan must include a letter of agreement between the council and its fiscal agent stating that the fiscal agent has no jurisdiction over the council's review and awarding of arts grants.

Subp. 9.

Budget.

The biennial plan must include a budget which must be a total projected budget identifying all local, regional, state, and federal sources of public and private support. The budget must include the amount of the legislative arts allocation that the council will receive based on the allocation formula.

Subp. 10.

Grant making and monitoring process.

The biennial plan must include a detailed description of the council's grant making process including the review process, the terms of the grant contract with grant recipients, the time needed and process followed in paying grant recipients, the responsibilities of grantees, and the grant monitoring process.

Subp. 11.

Public meeting.

Each council must hold at least one public meeting to solicit reaction to its preliminary biennial plan before it is approved and submitted to the board. The plan must be available for review at the council's office a minimum of three days before the meeting. At the meeting, the substance of the plan shall be presented to the general public in a manner that is clear and understandable and the audience given an opportunity to respond to the presentation. The meeting shall be scheduled to allow for revisions of the plan prior to its final submission. A written record or taped recording of the public meeting must be kept in the council's office and available for public review for one year.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.2800

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2810 PRELIMINARY AND BIENNIAL PLAN REVIEW PROCESS.

Subpart 1.

Preliminary biennial plan review.

The preliminary biennial plan of each regional arts council shall be reviewed by the regional arts advisory committee at a meeting.

Subp. 2.

Notice of regional arts advisory committee meeting.

The council must be notified by the board a minimum of ten days prior to the regional arts advisory committee meeting and given the opportunity, at its option, to present the preliminary biennial plan in person before the regional arts advisory committee and to respond to questions raised by the committee.

Subp. 3.

Regional arts council advisory committee recommendations.

The regional arts advisory committee shall submit to the board its comments and recommendation about a council's preliminary biennial plan and the reasons for making that recommendation. At the same time the recommendation is sent to the board, a copy of the committee's comments and recommendation shall be sent to the council.

Subp. 4.

Biennial plan process.

After the council receives the advice of the advisory committee, the council must submit a biennial plan to the board.

Subp. 5.

Board action after receipt of biennial plan.

After the biennial plan is received, the board shall reject the plan only if it determines that the plan is incomplete. The council must be informed in writing of the board's decision to reject or accept the plan, and the basis for that decision, within ten working days of the board's determination.

Subp. 6.

Process if biennial plan is not accepted by board.

A council whose biennial plan is not accepted shall have 30 days to respond in writing to the board's decision.

Subp. 7.

Process if biennial plan is not accepted second time.

If the biennial plan is not accepted a second time, the board may, at its discretion, allow the council to again submit a plan. A council whose biennial plan will not be reconsidered by the board may follow the appeals process provided by part 1900.3310.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.2900

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.2910 PROCESS FOR AMENDING BIENNIAL PLAN.

Subpart 1.

Regional arts council's responsibilities.

If a regional arts council intends to make substantive changes in its biennial plan it must:

A.

notify the board in writing of its intent to change the biennial plan a minimum of 30 days before implementing any changes; and

B.

include a detailed description of the proposed revisions, the reasons for making the changes, and a schedule for implementing proposed changes.

Subp. 2.

Board's responsibilities.

After the board receives notice of a regional arts council's intent to revise its biennial plan it must review and act upon the revisions within ten working days.

A.

If the board has concerns about the proposed revision, it shall provide a written response to the regional arts council outlining its concerns within ten working days of receipt of notification. If the board has no concerns, it shall provide a written response to the regional arts council within ten working days stating that the revisions have been reviewed and filed.

B.

The regional arts council must provide, within ten working days, a written response acknowledging receipt of the board's letter of concern and indicating the regional arts council's response to those concerns.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3000

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3010 PROCESS FOR RELEASING FUNDS TO REGIONAL ARTS COUNCILS.

Subpart 1.

Time for release of funds.

Within ten days of the board's acceptance of a biennial plan, the board must provide the council with a Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement to be executed by the council and returned for execution by the board. After receipt of the signed agreement, the board shall have until the end of the third full week of July, or a date mutually agreeable to the board and the Regional Arts Council Forum, to execute its portion of the agreement, including approvals required by Minnesota Statutes, section 16B.06, subdivision 2, to release the full amount of the regional arts council block allocation.

Subp. 2.

Councils whose designation is being challenged.

If a council's biennial plan has not been filed because the council is in the process of responding to comment on its preliminary plan or if the council is in the process of being challenged for designation, the board must provide an interim payment schedule and written conditions for payments which will ensure that the council's normal operations are not impeded while the designation process is completed.

Subp. 3.

Special circumstances.

A.

At the beginning of a fiscal year, if negotiations for the Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement are still in process, the board must institute a system of partial allocation payments to each council until the agreement is completed. The payments may be contingent upon the submission of reports or receipt of information requested by the board. The Regional Arts Council Forum and each of the 11 regional arts councils must be notified by the board in writing by May 31 prior to the beginning of the fiscal year, of the board's intent to make partial payments, the conditions for the board making payments, and the conditions for the board's discontinuing the contingent payment system. If a contingent payment system is instituted by the board, it must be done in a manner which ensures that the normal operations of the councils are not impeded.

B.

When a region is not served by a designated regional arts council, the regional arts council block allocation for regions not served by a council shall be administered by the board with the advice of the regional arts advisory committee until a new council is designated, but in no case for longer than six months. If a region is without a council for longer than six months, the Regional Arts Council Forum may direct the board to redistribute the region's unexpended and unobligated regional arts council block allocation for the current fiscal year to the remaining councils in a formula to be determined by the Regional Arts Council Forum.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3100

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3110 REGIONAL ARTS COUNCIL LOSS OF DESIGNATION.

Subpart 1.

Existing councils.

The designated regional arts council at the time that parts 1900.0110 to 1900.4110 are adopted shall be the designated regional arts council for its region.

Subp. 2.

Council designation removed; conditions.

There can only be one designated council in each region. A designated council shall remain the designated council until its designation is officially removed. The following circumstances shall result in the removal of designation:

A.

At any time, a council may determine that it is not in its organization's or its region's best interest for it to continue as the regional arts council. The council must notify the board of its intent to cease operation as a council and work cooperatively with the board to provide for an orderly transition when a new organization receives the regional arts council designation.

B.

The Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement shall define the terms for a council's receipt of its block allocation. It shall also define the process of notification which the board must follow if it believes that a council is out of compliance with the agreement and the process which must be followed to remedy concerns or to rescind a council's designation. If the council successfully remedies concerns, it shall remain the designated council. If it does not successfully remedy, the board shall remove the council as the designated regional arts council.

C.

Removal of designation initiated by the board due to an unsuccessful probationary period, as described in part 1900.3210, subpart 7.

D.

If, after following part 1900.3210, a competing organization is awarded the designation by the board, the challenged council must receive written notification that its designation has been removed by a vote of the board. This notification must contain a timeline for transfer of all appropriate records, a description of the closure process to be followed, and a request for return or transfer of all unexpended legislative funds.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3200

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3210 PROCESS FOR AN ORGANIZATION TO RECEIVE COUNCIL DESIGNATION THROUGH CHALLENGE TO AN EXISTING COUNCIL.

Subpart 1.

Notice of intent to file preliminary biennial plan.

An organization that wants to be designated a regional arts council must notify the board and the challenged regional arts council, in writing, of its intent to file a preliminary biennial plan by January 1 of the second year of the biennium.

Subp. 2.

Board actions required after receipt of notice.

Within 30 days of receipt of the notice of intent to file a biennial plan, the board must schedule a meeting with the challenging organization to make a preliminary determination of the appropriateness of the organization's ability to carry out the challenge. This determination shall be made by the regional arts advisory committee and a recommendation to accept or reject the challenge will be made to the board. The challenging group and the challenged council must be notified within ten days of the board's decision.

Subp. 3.

Change in preliminary biennial plan due date.

If the competing organization's challenge is accepted, the existing council must be notified in writing by February 10 that the challenge has been accepted and that the existing council's preliminary biennial plan will be due on April 1 instead of May 15.

Subp. 4.

Process for organization filing preliminary biennial plan.

An organization that wants to be designated a regional arts council must follow all steps outlined in parts 1900.2610 to 1900.2810 except that its preliminary biennial plan must be submitted by April l.

Subp. 5.

Process for assigning regional arts council designation.

The board's regional arts advisory committee shall be enlarged to include the chair of the Regional Arts Council Forum or another Regional Arts Council Forum designated representative, an additional board designated representative, and as many board-appointed citizen advisors as the board deems manageable to review and evaluate all preliminary biennial plans and make a recommendation to the full board about designation. In its review of preliminary biennial plans, the committee must follow the process in part 1900.2810. In making its determination, the committee may also schedule public meetings, request additional information, schedule interviews with board members or staff of the competing organizations, or with citizens of the region in order to evaluate the competing preliminary biennial plans and organizations. The information gathered shall be part of the public record and shall be used in making the final determination about designation. At the conclusion of its review, the regional arts advisory committee shall recommend that the board confer designation to the organization which has demonstrated, through its preliminary biennial plan and the committee's review, that it will most effectively serve the needs of its region.

Subp. 6.

Board process for designating regional arts council status.

The board must approve, reject, or defer the committee's recommendation on which competing organization receives designation. If the board cannot make a decision, it may defer its decision up to 45 days while it gathers additional information. The organization selected by the board to receive designation as the regional arts council must follow part 1900.2810 to submit a biennial plan. The biennial plan must be received and accepted before designation is assigned. All competing organizations must be informed in writing within ten days of the outcome of the board's decision. A regional arts council's designation shall stand until the designation is officially rescinded by a vote of the board.

Subp. 7.

Probationary period.

If the challenging organization is designated as the regional arts council, its designation shall be subject to a one-year probationary period. At the time of designation, it shall receive from the board a written probationary agreement which shall include a description of the process to be used at the end of the year to review the organization's performance as a regional arts council. If all terms of the probationary agreement are satisfactorily met, the council's probationary status shall be lifted. If the terms are not met, the board may either extend the probationary period or remove the organization as the designated council. The regional arts advisory committee must be consulted by the board prior to approving or revoking the designation.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 28 SR 854

Published Electronically:

September 14, 2007

1900.3300

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3310 APPEALS OF DISPUTED DESIGNATION.

Subpart 1.

Initiating an appeal.

An organization seeking or affirming designation through the submission of preliminary biennial plans that disputes the decision of the board regarding the designation of regional arts council status may appeal the decision of the board. This appeal will be conducted in the following manner:

A.

the appellant organization must submit a written request for consideration of an appeal within 45 days of notification of the board's decision;

B.

the request must state the reasons for the appeal; and

C.

the board shall review the request at its first meeting following the receipt of the request.

Subp. 2.

Board action on appeals.

The board shall take one of the following actions in response to the request for consideration of an appeal:

A.

determine that the appellant does not show sufficient cause for an appeal in which case the appellant may follow subpart 3;

B.

determine that the appellant does show sufficient cause for appeal and request that the appellant appear before the board at a subsequent meeting to address the appeal; or

C.

refer the appeal to mediation or to an administrative law judge as a contested case.

Subp. 3.

Dispute resolution.

Following the appeal to the board, if the appellant continues to dispute the decision of the board regarding the organization's appeal, either party may request a mediation process. If the other party chooses not to mediate, the further appeal shall be conducted as a contested case. If both parties agree to mediation, the costs of mediation shall be shared equally.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3400

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3410 ASSIGNMENT OF LEGISLATIVE ARTS ALLOCATION TO REGIONAL ARTS COUNCILS.

Subpart 1.

Role of Regional Arts Council Forum.

The Regional Arts Council Forum shall determine an allocation formula for distributing the legislative arts appropriation that is equitable to all regional arts councils. The forum must inform the board of the allocation formula to be used in the next biennium by June 30 of the year immediately prior to the first year of the biennium.

Subp. 2.

Board role in allocation process.

The board must use the Regional Arts Council Forum's allocation formula to divide the legislative arts appropriation for the regional arts council system. If the Regional Arts Council Forum does not submit an allocation formula to the board by June 30, the board shall prepare the fiscal agent agreements using the previous year's allocation formula.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3500

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3510 REGIONAL ARTS ADVISORY COMMITTEE.

Subpart 1.

Purpose of committee.

The committee shall serve in an advisory capacity to the board on matters which affect the regional arts councils and the Regional Arts Council Forum. Specific responsibilities include, but are not limited to:

A.

reviewing regional arts councils preliminary biennial plans;

B.

advising the board on the administration of regional arts council functions in regions where there is no designated regional arts council;

C.

reviewing preliminary biennial plans and other information as described in part 1900.3210, subpart 5, of regions that are competing for regional arts council designation and making a recommendation to the board about designation; and

D.

hearing and making recommendations to the board about disputes between a regional arts council and the board or the Regional Arts Council Forum and the board.

Subp. 2.

Member appointment.

The regional arts advisory committee shall be a board committee comprised of a minimum of six members. Two members shall be appointed by the board from the board membership, two members shall be appointed by the Regional Arts Council Forum who may or may not be members of the forum, one member shall be an at-large member appointed by the board, and one member shall be an at-large member appointed by the forum. The at-large members shall not be current members of the board or the forum. The board may appoint additional at-large members to serve in cases of a challenge to regional arts council designation. The executive director of the board shall serve as a nonvoting member of the committee.

Subp. 3.

Rules affecting advisory committee members.

The board's appointments to the committee must follow part 1900.0410. For the purpose of this chapter, appointees other than the required six members shall be considered board appointees. The Regional Arts Council Forum shall define the qualifications, nominations, compensation, policies regarding conflicts of interest, and other matters pertaining to regional arts councils appointments.

Subp. 4.

Terms of service.

Members appointed by the board and the forum shall serve one fiscal year term and, at the pleasure of the appointing organization, may serve up to a total of three consecutive fiscal year terms.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3600

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3610 PARTICIPANTS IN RESOLVING DISPUTES BETWEEN REGIONAL ARTS COUNCILS AND BOARD.

In the case of a dispute between the board and a regional arts council or the board and the Regional Arts Council Forum, the regional arts advisory committee must be consulted for a recommendation.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3700

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3710 PROCESS TO CARRY FORWARD BLOCK ALLOCATIONS TO NEXT FISCAL YEAR.

Subpart 1.

Regional arts council duties.

A regional arts council must notify the board, in writing, by May 1 of the first year of the biennium that the council plans to carry regional arts council block allocation funds forward to the next fiscal year. The notification must contain a narrative describing the intended purpose for the funds to be obligated and a budget for their use.

Subp. 2.

Board role.

The board must review the regional arts council's plan to carry funds forward into the next fiscal year to ensure that it is reasonable and that the process used to carry funds forward is appropriate. If the board has concerns about the plan or process to be used to carry funds forward, it shall provide a written response within ten days of receipt of the notification outlining its concerns and informing the council what steps must be taken to remedy its plan. The board may recall a council's uncommitted block allocation funds at the end of the fiscal year if the council does not follow the process outlined in this part.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3800

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3810 PROCESS TO CARRY FORWARD BLOCK ALLOCATIONS TO NEXT BIENNIUM.

Subpart 1.

Regional arts council duties.

A regional arts council must notify the board in writing by May 1 of the second year of the biennium that the council plans to carry regional arts council block allocation funds forward to the next biennium. The notification must contain an outline of the process that will be used to obligate funds, a narrative describing the intended purpose for the funds to be obligated, and a budget for their use.

Subp. 2.

Board role.

The board must review the regional arts council's plan to carry funds forward into the next biennium to ensure that it is reasonable and that the process used to carry funds forward is appropriate. If the board has concerns about the plan or process to be used to obligate funds, it shall provide a written response within ten days of receipt of notification outlining its concerns and informing the council what steps must be taken to remedy its obligating plan. The board may recall a council's unobligated block allocation funds at the end of the biennium if the council does not follow the process outlined in this part.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.3900

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.3910 UNOBLIGATED BLOCK ALLOCATION FUNDS.

A regional arts council must not carry unobligated regional arts council block allocation funds from one biennium to the next. If a council has unobligated block allocation funds at the end of a biennium, the funds must be returned to the general fund.

Statutory Authority:

MS s 129D.04

History:

21 SR 5

Published Electronically:

September 14, 2007

1900.4000

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4010 AUTHORITY OF DESIGNATED REGIONAL ARTS COUNCILS.

A designated regional arts council may:

A.

establish programs and services based on needs assessments;

B.

define and establish criteria for funding eligibility and grant making;

C.

award funds;

D.

hear and arbitrate appeals using a publicly defined appeals process;

E.

devise criteria for the selection and rotation of board members;

F.

apply for grants and funding through additional sources; and

G.

operate administratively and programmatically within the framework of the approved biennial plan.

There are no limitations on programs or grants which regional arts councils may award, including the opportunity to award funds to grantees of the board.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 24 SR 663

Published Electronically:

September 14, 2007

1900.4100

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4110 REPORTING REQUIREMENTS.

Subpart 1.

Interim financial report.

Each regional arts council must submit to the board an annual, unaudited financial statement summarizing its total annual revenue and expenditures within 45 days of the close of the regional arts council's fiscal year.

Subp. 2.

Annual plan update.

By May 15 of the first year of the biennium, each council must submit to the board an annual plan update which confirms that there will be no changes in the council's biennial plan for the coming year or outlines anticipated changes to the biennial plan for the coming year.

Subp. 3.

Biannual report.

Each council must submit to the board a written report describing the activities relating to expenditures and management of its regional arts council block allocation within 90 days after the end of the second year of the biennium. The report must include:

A.

a description of the relationship between the biennial plan and the actual grants and other forms of assistance provided during the year with the regional arts council block allocation; and

B.

a listing of the grants awarded, services provided, and programs disseminated using the regional arts council's block allocation.

Subp. 4.

Certified public audit.

Each regional arts council must submit a certified public audit accounting for its regional arts council block allocation for the fiscal years in which the biennial plan was in effect according to the terms of the Regional Arts Council/Minnesota State Arts Board Fiscal Agent Agreement.

Statutory Authority:

MS s 129D.04

History:

21 SR 5; 23 SR 1380; 28 SR 854

Published Electronically:

September 14, 2007

1900.4200

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4300

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4400

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4500

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4600

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4700

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4800

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.4900

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5000

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5100

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5200

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5300

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5400

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5500

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5600

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5700

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5800

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007

1900.5900

[Repealed, 21 SR 5]

Published Electronically:

September 14, 2007