WSR 98-20-087
PROPOSED RULES
ARTS COMMISSION
[Filed October 6, 1998, 4:33 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-09-082.
Title of Rule: WAC 30-04-020 Public records available, 30-08-070 Appeal procedure, 30-12-150 Complimentary tickets, 30-18-040 Eligibility for grantees, 30-22-070 Contracting, and 30-22-090 Evaluation methods.
Purpose: Amending WAC 30-04-020 to reference correct defining WAC, and amending WAC 30-08-070, 30-12-150, 30-18-040, 30-22-070 and 30-22-090 for clarity.
Statutory Authority for Adoption: RCW 43.46.040.
Summary: Changes will clarify the appeals process, improve consistency between programs and generally be easier to read and follow.
Reasons Supporting Proposal: Improves the clarity of our rules.
Name of Agency Personnel Responsible for Drafting: Bill Palmer, 234 East Eighth Avenue, Olympia, (360) 753-2423; Implementation and Enforcement: Arts Commission, 234 East Eighth Avenue, Olympia, (360) 753-3860.
Name of Proponent: Washington State Arts Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 30-04-020 clarity of public record availability and clarity on definitions. WAC 30-08-070 provides clarity on applicants role regarding an appeal to our awards and contracting procedures and clarifies staff roles. WAC 30-12-150 clarifies the question of receiving complimentary tickets for the purpose of evaluation. WAC 30-18-040 clarifies and simplifies the language on the eligibility for grantees. WAC 30-22-070 clarifies who the approving authority is on the contracting. WAC 30-22-090 explains the requirements of final reports and possible on-site monitoring visits as the evaluation method of the commission.
Proposal Changes the Following Existing Rules: WAC 30-04-020 corrects the WAC number which defines public records of the commission.
WAC 30-08-070 clarifies the authority of the executive director during the appeal process, allow the appeal to go to the commission for a hearing and set a date for the hearing which does not have to wait for the next commission meeting. It also allows for a longer period of time for the descriptive language of the appeal decision to be written and sent to the appellant.
WAC 30-12-150 corrects title of reference to ethics chapter in the RCW and omits unnecessary language on conditions to evaluate an artistic work and limits the number of complimentary tickets for a performance.
WAC 30-18-040 clarifies the language on the eligibility of grantees.
WAC 30-22-070 changes the approving body for contracts from the executive director to the commission.
WAC 30-22-090 changes the monitoring event language from definite to possible.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes that are amended with all of these rule proposals does not have an economic impact on business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Washington State Arts Commission is not a listed agency in section 201.
Hearing Location: Gig Harbor City Hall, Courtroom, 3105 Judson, Gig Harbor, WA 98335, on November 19, at 1 p.m. - 5 p.m. and on November 20, at 9 a.m. - 5 p.m.
Assistance for Persons with Disabilities: Contact Mariah Laamb by November 6, 1998, (360) 753-3680.
Submit Written Comments to: Mariah Laamb, Washington State Arts Commission, P.O. Box 42675, Olympia, WA 98504-2675, fax (360) 586-5351, by November 16, 1998.
Date of Intended Adoption: November 30, 1998.
November [October] 6, 1998
Bill Palmer
Acting Executive Director
OTS-2559.1
AMENDATORY SECTION (Amending Order 1, Resolution No. 86-1, filed 4/1/86)
WAC 30-04-020 Public records available. All public records
of the commission as defined in WAC ((30-01-030(9))) 30-02-010(34), are available for public inspection and copying pursuant
to these rules, except as otherwise provided by RCW 42.17.310 and
WAC 30-04-070.
[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-020, filed 4/1/86.]
OTS-2546.1
AMENDATORY SECTION (Amending Order 1, Resolution No. 86-1, filed 4/1/86)
WAC 30-08-070 Appeal procedure--Awards and contracts. The
commission shall provide a procedure for applicants to appeal the
commission's decisions when there is evidence that information
available at the time of the panel's or commission's action was
either not considered ((included)) in ((the)) their review or was
not clearly understood.
(1) Appeals ((may not)) must be ((made)) based solely on
((new)) information ((not)) available at the time of the original
decision.
(2) Appeals must be presented in writing to the executive director, outlining the nature of the appeal.
(3) The executive director((, in consultation with the
chairperson shall accept or reject the appeal)) shall consider
the appeal and issue a written decision. The executive director
may schedule a conference if he/she determines it necessary.
(4) ((Upon confirmation that the appeal is legitimate)) The
decision of the executive director may be appealed to the
commission. Appeals must be submitted in writing, addressed to
the chair of the commission of the commission's official address.
Upon receipt of the appeal to the full commission, the executive
director shall notify the commission and arrange for an appeals
hearing at the next scheduled commission meeting. ((The appeal
may be presented by the applicant at that time.)) The appeal
must be presented by the applicant in its entirety at that time
and shall be considered final.
(5) The commission shall ((defer action to the next meeting
of the commission, and must make it known to)) inform the
applicant((, at which time)) of the date when the final decision
will be made.
(6) After final commission action on the appeal, the
executive director or a designated staff person shall notify the
applicant of the decision in writing, within ((five)) fifteen
working days after the date of the commission action.
(7) Administrative remedies shall not be considered
exhausted until the applicant has received the written
description of the commission's decision and action on the appeal
or ((ten)) thirty working days since the decision ((have)) has
passed, whichever occurs first.
(8) Appeals may not be made ((during the public portion of a
commission meeting agenda and)) to the commission ((shall not
take action on any such presentations that may be made)) without
the above review by the executive director ((and chairperson)) as
provided in subsection (3) of this section.
[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), § 30-08-070, filed 4/1/86.]
OTS-2547.1
AMENDATORY SECTION (Amending Order 1, Resolution No. 86-1, filed 4/1/86)
WAC 30-12-150 Complimentary tickets requested for the
purpose of evaluation. The following procedures are intended to
guide the commission in its efforts to maintain an active liaison
with its ((constitutents [constituents])) constituents, to
appraise the work of the artistic community as it relates to
commission programs, and to assure compliance with ((RCW
42.18.200)) chapter 42.52 RCW, Ethics in public service, which
defines the laws regarding the acceptance of anything of economic
value by a state employee.
In the context of the commission's duties to evaluate its
clients, commissioners or staff may request ((or accept))
complimentary tickets or free admissions to arts events which are
presented by applicants for grants or events funded in whole or
in part by the commission. In order for the receipt of
complimentary tickets for the purpose of evaluation to be clearly
within the work of the commission, the following conditions must
be observed:
(1) ((It must be necessary or appropriate to see an event in
order to evaluate an applicant or recipient of financial support.
(2) Performances or exhibitions of all applicants or
recipients of financial support should be attended. If the
number of applicants or recipients for support makes it
impractical to attend performances or exhibitions of all, only
those events involving excessive travel or which are clearly
unnecessary to attend in order to evaluate the organization may
be omitted.
(3) There should be a limit on)) The number of commissioners
or staff ((attending an event. Generally, free admissions))
requesting complimentary tickets for the purpose of evaluation
shall be limited to two persons.
(((4))) (2) Those who attend an event must be prepared to
evaluate it in the context of commission guidelines and rules.
(((5))) (3) A written evaluation, in a standard evaluation
format, will be required from each commission or staff evaluator.
(((6))) (4) Each applicant or recipient of financial support
will be required to provide the commission with two complimentary
tickets to events, if so requested.
(((7))) (5) The executive director or designee will
authorize on-site evaluations and appoint the person or persons
to perform the evaluation based upon their expertise and ability
to report on the case.
(((8))) (6) The executive director or his/her designee will
notify the applicant or recipient of the assigned evaluation, the
persons to perform the evaluation and request that admission be
provided at no cost to the evaluator(s) at a time convenient to
the client and evaluator(s).
[Statutory Authority: RCW 43.46.040. 86-08-072 (Order 1, Resolution No. 86-1), § 30-12-150, filed 4/1/86.]
OTS-2548.1
AMENDATORY SECTION (Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)
WAC 30-18-040 Eligibility for grantees. (((1) Residency
sponsors are any Washington school, school district, private
nonparochial school, preschool, college, or university. In
addition, any Section 501(c)(3) of the IRS Code (nonprofit) or
government agency may apply as a sponsor. This includes local
arts councils and commissions, retirement homes, hospitals,
correctional facilities, libraries, museums, and agencies serving
special populations.
(2) Arts curriculum grantees are Washington state public
school districts and schools. Government and other nonprofit
agencies working in collaboration with their local schools,
incorporated as not-for-profit in the state of Washington, and
having federal IRS tax-exempt status, also are eligible to apply.
(3) Arts education project grantees are Washington arts
organizations and may apply to fund arts education projects
developed in partnership with schools.
(4) Performing artists and arts organizations are
professional performing artists residing in Washington state and
arts organizations located in Washington state and they may apply
to perform in schools and to serve one-week, rural residencies
that combine performances and workshops. Professional performing
arts organizations with facilities in Washington state may apply
to provide mainstage performances for students.
(5) Applications are competitive on a state-wide basis and
grants are subject to the level of funds available to the
commission.)) Nonprofit arts or community organizations, units of
government, nonparochial schools and school districts, or artists
and artist groups may be eligible to apply to the arts in
education program. Eligibility for grants, contracts, or
participation in an arts in education program varies and is
published in the program guidelines. The commission establishes
and publishes guidelines on an annual or biennial basis.
[Statutory Authority: RCW 43.46.040. 95-15-040, § 30-18-040, filed 7/12/95, effective 8/12/95.]
OTS-2549.1
AMENDATORY SECTION (Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)
WAC 30-22-070 Contracting. Artists who have been approved
by the commission for funding will be issued contracts based on
available funding. Partners who collaborate on specific projects
with the approval of the ((executive director)) commission will
be issued contracts based on available funding. Contracts will
be issued within a fiscal year beginning July 1 and ending June
30 or within the biennium.
[Statutory Authority: RCW 43.46.040. 95-15-040, § 30-22-070, filed 7/12/95, effective 8/12/95.]
AMENDATORY SECTION (Amending WSR 95-15-040, filed 7/12/95, effective 8/12/95)
WAC 30-22-090 Evaluation methods. Final reports will be
required by the commission and must be completed and returned by
each contractor by the ending date of the contract. Also, on-site monitoring of events ((will)) may be conducted by the
commission and/or its staff.
[Statutory Authority: RCW 43.46.040. 95-15-040, § 30-22-090, filed 7/12/95, effective 8/12/95.]