WSR 98-20-087



[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


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.]


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.]


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.]


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.]


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.]

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