Title 30 WAC — Arts Commission

Chapter 30-01 Washington state arts commission.

Wash. Admin. Code § 30-01-020 Rule-making authority.

The Washington state arts commission is authorized by RCW 43.46.040 to adopt rules under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-01-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-01-020, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-01-020, filed 4/1/86.

Wash. Admin. Code § 30-01-040 Commission's purpose.

The Washington state arts commission is charged with the conservation and development of the state's artistic resources as described in RCW 43.46.005. It is authorized by RCW 43.46.050 to study, plan, and advise the governor, state departments, and the legislature regarding cultural development. Through the authority granted by RCW 43.46.055, the commission may administer any activity, and assist any person or agency in programs or projects related to the growth and development of the arts, humanities, and the creative economy. The conservation and development of the state's artistic resources is essential to the social, educational, and economic growth of the state of Washington.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-01-040, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-01-040, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-01-040, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-01-040, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-01-040, filed 4/1/86.

Wash. Admin. Code § 30-01-055 Responsibilities.

(1) Board responsibilities.

(a) Approves the commission budget each fiscal year and biennium;

(b) Approves the commission's strategic plan and goals each biennium;

(d) Approves changes to rosters, as specified in these rules;

(e) Fulfills other responsibilities as established in Title 30 WAC; and

(f) May delegate specific responsibilities to the executive director.

(g) Officers of the board serve as specified in WAC 30-08-080 (Board officers and committees).

(2) Executive director responsibilities.

(a) Manages the agency;

(b) Approves and signs contracts;

(d) Fulfills other responsibilities as established in Title 30 WAC and as otherwise determined by the board; and

(e) May delegate specific responsibilities to staff.

(3) Staff responsibilities.

Under the direction of the executive director, staff develop and implement the commission's strategic plan, budget, and programs. Staff have the authority to:

(a) Manage and develop programs, and pilot programs, including development of application forms, guidelines, and review criteria, and convene and manage panels to review applications and nominations;

(b) Define and publish definitions in addition to those in chapter 30-02 WAC (Definitions), as necessary to implement commission programs;

(d) Fulfill other responsibilities as established in Title 30 WAC and otherwise as determined by the executive director.

History

Statutory Authority: RCW 43.46.040. WSR 19-07-001, § 30-01-055, filed 3/6/19, effective 4/6/19. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-01-055, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-01-060 Office hours and contact information.

The offices of the Washington state arts commission are open from 8:00 a.m. to 5:00 p.m. Monday through Friday except on state legal holidays and other posted office closures. Written correspondence should be addressed to P.O. Box 42675, Olympia, WA 98504-2675. Additional information is available on the commission's website at www.arts.wa.gov.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-01-060, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-01-060, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-01-060, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-01-060, filed 4/1/86.

Chapter 30-02 Definitions.

Wash. Admin. Code § 30-02-005 Scope of this chapter.

This chapter is to define terms necessary for the public to use commission programs and services, and to understand the rules of the commission. Staff may define and publish additional definitions as necessary to implement commission programs.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-02-005, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-02-010 Definitions.

The following definitions shall apply throughout Title 30 WAC:

"Accession" means to formally acquire a work of art for the state art collection, including the action of assigning an accession or control number to the work of art.

"Appeal procedure" means the procedure as established in WAC 30-12-036 (Request for review of denied applications) whereby an applicant may request a review of a denied application.

"Application form" means printed, electronic, or web-based forms created and published by staff and used by the public to apply to commission program applications.

"Application guidelines" means the published document that provides the public with information on how to apply for commission programs, including eligibility requirements, review criteria used to evaluate and score applications, deadlines, timelines, and information on the appeal procedure. Published in print and/or electronic format, guidelines are accessible through the commission's website.

"Art advisory committee" means a committee formed by staff and a partner agency to develop plans and overall project specifications, and to make funding allocation decisions related to the state art collection.

"Art in public places program" means the visual art program of the commission established by the legislature in RCW 43.46.090 to acquire works of art and to develop, administer, and manage the state art collection.

"Art selection committee" means a committee formed by a partner agency, and approved by staff, to review and select artists to create works of art for the state art collection, or to review and select works of art for or from the state art collection, through a process facilitated by staff.

"Artistic disciplines" means dance, design, folk and traditional arts, media arts, music, literature, theater, visual arts, and interdisciplinary arts.

"Artistic excellence" means evidence of some or all of the following: Mastery of skills and techniques, communication of unique vision or perspective, professional approaches to process and presentation. Additionally, for groups and organizations, includes the contribution the artistic work(s) make to the development of the artists involved, the art form and the arts generally; or for services delivered, the contribution the services make to the development of a vibrant arts and cultural community in the state.

"Arts professional" means an individual who has professional work experience in the arts or an arts-related field.

"Board" means the board of commissioners, consisting of nineteen members appointed by the governor and four members of the legislature appointed to the Washington state arts commission pursuant to RCW 43.46.015.

"Chair" means the chair of the board, elected pursuant to WAC 30-08-050 and fulfilling duties as established in Title 30 WAC.

"Collections management" means the ongoing care, preservation, and maintenance of the state art collection, including activities such as the management of conservation, restoration, deaccession, documentation, inventory, labeling, loans, and resiting of works of art.

"Commission" means the collective entity of the Washington state arts commission, including the board, executive director, and staff.

"Commissioner" means an individual appointed to the board of the Washington state arts commission.

"Conservation" means treatment of malfunctioning or damaged works of art for the purpose of bringing them to a stable condition so that future routine and special maintenance can be effective. Conservation-related activities may also include examination and documentation.

"Creative district" means a land area designated by a local government or other entity as approved, in accordance with RCW 43.46.105 that contains either a hub of cultural facilities, creative industries, or arts-related businesses, or multiple vacant properties in close proximity that would be suitable for redevelopment as a creative district.

"Curator" means a qualified visual arts professional with past curatorial experience selected to recommend works of art for acquisition to the state art collection.

"Deaccession" means board action to remove an accessioned work of art from the state art collection.

"Disability" is defined in RCW 49.60.040(7).

"Eligibility requirements" means published standards and/or minimum required qualifications which applicants and/or applications must meet in order for their application to be considered by the panel.

"Executive director" means that person employed pursuant to RCW 43.46.045 to carry out the functions of that chapter and Title 30 WAC.

"Grant" means a contract between the commission and an organization or individual, for arts or cultural services, awarded through a competitive application process and approved or ratified by the board.

"Inventory" means a periodic survey of the physical state and current location of works of art in the state art collection.

"Local government" means a local governing body, city, county, town, municipal county, tribal government, or other entity as approved.

"Nonprofit" means incorporation under the nonprofit laws of the state of Washington or another state, and determination by the Internal Revenue Service (IRS) that the incorporated entity is exempt from taxation under Section 501 (c)(3) of the IRS code.

"Panel" means a group of individuals convened by staff to review applications or nominations using published review criteria, and make recommendations to the board or executive director.

"Partner agency" means a state agency, K-12 public school, university, college, community or technical college, or other public entity working with the art in public places program.

"Pilot program" means a limited scale, flexible program that evaluates administrative needs and costs, adverse and favorable events, and improves upon the design prior to launch of a full program or integration of pilot into an existing program.

"Professional artist" means an individual who has a history of paid work as an artist.

"Public artist roster" means the board approved list of professional artists eligible to create visual works of art for the state art collection.

"Public benefit" means project outcomes that have an impact on a community, including some or all of the following: Broadening access to the arts or expanding and diversifying audiences for the arts; improving artistic, cultural, educational, or economic development within a community; and/or supporting specific community goals such as health and wellness, public safety, civic discourse, or other quality of life measures.

"Regional arts service organization" means an organization in one Washington state arts commission's defined region that provides professional development services to arts professionals from three counties in the defined region and designates a percentage of the organization's operating budget, as defined by program guidelines, to professional development services.

"Regions" means an area of the state of Washington comprised of specific fixed counties and physically defined by the geographic boundaries of the counties contained. The Washington state arts commission has defined four regions: N.W. Region (7 counties), S.W. Region (12 counties), Central Region (8 counties), and Eastern Region (12 counties).

"Resiting" means the relocation of a work of art in the state art collection within the jurisdiction of a partner agency or between partner agencies.

"Restoration" means treatment that returns a malfunctioning or damaged work of art to a known or assumed state, often through the addition of nonoriginal material.

"Review criteria" means the standards used by panels to evaluate and score applications or nominations.

"Roster" means a list of approved arts professionals who have the skills and experience to address the needs of a specific commission program.

"Routine maintenance" means a regular procedure to preserve a work of art in the state art collection in proper condition: Clean, presentable, and in working order.

"Site responsive" means created, planned, or intended for a particular site. A site responsive work of art addresses both the physical characteristics of its location and the context of the community in which it is situated.

"Special maintenance" means anticipated but infrequent activities required to maintain aesthetic and/or structural aspects of the works of art in the state art collection, including integrity of the overall surface and/or individual elements.

"Staff" means employees of the Washington state arts commission, under the direction of the executive director, pursuant to RCW 43.46.045, employed to carry out the functions of that chapter, and Title 30 WAC.

"State art collection" means all works of art and select design models commissioned or purchased under RCW 43.17.200, 28A.58.055, 28A.335.210, 43.46.090, and 43.19.455.

"State-certified creative district" means a creative district whose application for certification has been approved by the commission.

"Statewide arts service organization" means an organization in one Washington state arts commission's defined region that provides professional development services to arts professionals in ten or more Washington state counties. Statewide arts service organizations do not perform, produce, preserve, present, or teach art. An arts service organization's primary programming is providing professional development services to arts professionals in Washington state.

"Teaching artist" means a professional artist who is dedicated to arts education as an integral part of their professional practice, and who has cultivated skills as an educator in concert with skills as an artist.

"Under-resourced" means a lack of access to specialized, professional, financial, or institutional expertise and communal knowledge, and/or working with neglected or dated infrastructures and limited or absent assets and resources resulting in lack of recognition, competitiveness, and cyclical absent or diminished funding.

"Underserved" means populations whose opportunities to experience the arts are limited by geography, historical exclusion and marginalization due to race, ethnicity, sexual orientation, gender identity, economics, disability, or other social or institutionally imposed barriers.

"Washington state arts commission" means the collective entity of the Washington state arts commission, including the board and staff.

History

Statutory Authority: RCW 43.46.040. WSR 20-12-034, § 30-02-010, filed 5/27/20, effective 6/27/20
WSR 19-22-069, § 30-02-010, filed 11/5/19, effective 12/6/19
WSR 19-07-001, § 30-02-010, filed 3/6/19, effective 4/6/19. Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-02-010, filed 3/28/18, effective 4/28/18. Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-02-010, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-02-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-02-010, filed 7/12/95, effective 8/12/95.

Chapter 30-04 Public records.

Wash. Admin. Code § 30-04-010 Purpose.

The purpose of this chapter is to ensure compliance by the Washington state arts commission with the provisions of chapter 42.56 RCW dealing with public records.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-010, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-010, filed 4/1/86.

Wash. Admin. Code § 30-04-020 Public records available.

All public records of the commission are available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.56.210 and WAC 30-04-070.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-020, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 98-24-073, § 30-04-020, filed 11/30/98, effective 12/31/98
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-020, filed 4/1/86.

Wash. Admin. Code § 30-04-030 Public records officer.

The commission's public records shall be in the charge of the public records officer designated by the executive director. The public records officer shall be responsible for the following: The implementation of commission policy in regard to the release of public records, coordinating the staff of the office in this regard, and generally insuring staff compliance with the public disclosure requirements of chapter 42.56 RCW.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-030, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-030, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-030, filed 4/1/86.

Wash. Admin. Code § 30-04-040 Inspection and copying.

Public records shall be available for inspection and copying from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding legal holidays and other posted office closures. All public records of the commission are located at the office address published on the commission's website at www.arts.wa.gov.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-040, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-040, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-04-040, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-040, filed 4/1/86.

Wash. Admin. Code § 30-04-050 Requests for public records.

In accordance with the requirements of chapter 42.56 RCW, that agencies prevent unreasonable invasion of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the commission, public records may be inspected or copied, or copies of such records may be obtained, by members of the public upon compliance with the following procedure:

(1) A request shall be made in writing (including electronic mail) to the public records officer, or to another designated member of the staff if the public records officer is not available. The request shall include the following information:

(a) The name of the person requesting the record;

(b) The time of day and calendar date on which the request was made;

(2) If the request is for a list of individuals, the requestor shall certify that the request is not for commercial purposes except as provided under RCW 42.56.070(7).

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-050, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-050, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-04-050, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-050, filed 4/1/86.

Wash. Admin. Code § 30-04-055 Response to public records request.

(1) The public records officer shall respond to public records requests within five business days by:

(a) Providing the record;

(b) Acknowledging receipt of the request and providing a reasonable estimate of the time the commission will require to respond to the request; or

(c) Denying the public record request. Responses refusing in whole or in part the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the record(s) withheld.

(2) Additional time to respond to the request may be based upon the need to:

(a) Clarify the intent of the request;

(b) Locate and assemble the information requested;

(d) Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(3) In acknowledging receipt of a public record request that is unclear, the public records officer may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the public records officer need not respond to it.

(4) If the public records officer does not respond in writing within five working days of receipt of the request for disclosure, the person seeking disclosure shall be entitled to:

(a) Consider the request denied; and

(b) Petition the public records officer under WAC 30-04-080.

(5) If the public records officer responds within five working days acknowledging receipt of the request and providing an estimate of the time required to respond to the request, and the requestor feels the amount of time stated is not reasonable, the person seeking disclosure shall be entitled to petition the public records officer for a review of the estimate of time. The procedures set out in WAC 30-04-080 shall apply to this review.

(6) Only after a determination has been made that all, or such portion of a public record as is not redacted, may be inspected, shall such public record or portion thereof be made available for inspection by appointment.

(7) The request for an appointment shall be made in writing to the public records officer. The public records officer shall acknowledge such request for an appointment within two business days of the receipt of such request and will provide the requestor with the date(s) that such an appointment could be kept by an authorized staff person.

(8) The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate that equipment.

(9) In all cases, it shall be the obligation of the public records officer to:

(a) Locate the specific document(s) requested by the member of the public in the most timely manner possible;

(b) Assist the member of the public in appropriately identifying the public record requested;

(d) Prevent disorganization of file folders or document containers;

(e) Remain in the company of the member of the public at all times during which a public document is being inspected, and provide the fullest assistance possible; and

(f) Prevent excessive interference with the other essential functions of the commission.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-055, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-04-060 Copying.

(1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state arts commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(2) The Washington state arts commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.

(3) No fee shall be charged for the inspection of public records.

For all copying and/or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington state arts commission. The commission may require that all charges be paid in advance of release of the copies of the records.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-04-060, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-060, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-04-060, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-060, filed 4/1/86.

Wash. Admin. Code § 30-04-070 Exemptions.

(1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 30-04-050 is exempt under the provisions of RCW 42.56.210.

(2) The commission reserves the right to allow the public to only inspect certain public records where there is reason to believe that the ability to copy such records would be a violation of contractual copyright agreements.

(3) In addition, pursuant to RCW 42.56.070, the commission reserves the right to delete identifying details when it makes available or publishes any public record in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.56 RCW. The public records officer will justify such deletion in writing.

(4) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the withheld.

History

Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-070, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-070, filed 4/1/86.

Wash. Admin. Code § 30-04-080 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by rendering a written request for review to the public records officer. The written request shall specifically refer to the written statement by the public records officer or other staff which constituted or accompanied the denial.

(2) Immediately after receiving a written request or review of a decision denying a public record, the public records officer or other staff denying the request shall refer it to the executive director or designee. The executive director shall immediately consider the matter and either affirm or reverse such denial. In any case, the request shall be returned with a final decision, within two business days following the written request for review of the original denial.

(3) Administrative remedies shall not be considered exhausted until the executive director has returned the petition with a decision or until the close of the second business day following the request for review, whichever occurs first.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-080, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-080, filed 4/1/86.

Wash. Admin. Code § 30-04-120 Records index.

The commission shall establish a records index, which shall be made available for public review.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-04-120, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-04-120, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-04-120, filed 4/1/86.

Chapter 30-08 Practice and procedure.

Wash. Admin. Code § 30-08-010 Scope of this chapter.

This chapter is to ensure compliance by the board of the Washington state arts commission with the provisions of chapters 42.30 and 43.46 RCW, in particular those sections which deal with procedures for the board.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-08-010, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-08-010, filed 4/1/86.

Wash. Admin. Code § 30-08-020 Uniform procedure rules.

Practice and procedure in and before the board are governed by the uniform procedural rules codified in the Washington Administrative Code, WAC 10-08-001 through 10-08-252, as now or hereafter amended, which rules the board adopts as its own, subject to any additional rules the board has adopted or may choose to adopt. Should any question not covered by its rules come before the board, the board reserves the right to make a determination that is fair and equitable, and in accordance with the spirit and intent of the law.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-08-020, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-08-020, filed 4/1/86.

Wash. Admin. Code § 30-08-030 Board meetings.

(1) General schedule. The board meets at least four times each fiscal year and at such other times as determined to be necessary. All meetings of the board are "regular" or "special" meetings as those designations are applied in chapter 42.30 RCW. Meetings may be called, subject to the notice requirements of chapter 42.30 RCW, at any time and place by the chair or by a majority of the commissioners.

(2) Notice. Twenty calendar days' notice of all meetings shall be given by posting on the commission's website notification of the date, time and location of the meeting, and by mailing or emailing the same to each commissioner and to any person who has made a written request to the commission to receive meeting notices.

(3) Special meetings. The twenty-day notice may be waived for special meetings upon consent of the chair. In such cases, the provisions of RCW 42.30.080 govern due notification of the time, place, and business to be transacted.

(4) Executive session. An executive session may be called by the chair or a majority of the board. Executive sessions shall deal only with matters authorized by chapter 42.30 RCW.

(5) Meeting formats. Meetings may be convened in-person and/or by conference call, online, or other alternative format as determined by the chair and the executive director, subject to the requirements of the Open Public Meetings Act, chapter 42.30 RCW.

(6) Rules of order. The board generally follows Roberts Rules of Order, newly revised, in conducting its business meetings.

(7) Quorum. A simple majority of the regularly appointed board members constitute a quorum. If all twenty-three positions are filled, the quorum is twelve.

(8) Voting rights. All officers of the board have the right to vote on all matters before the board, just as any other commissioner.

(9) Meeting materials. Staff makes meeting materials available to the public at the time of the meeting, and following the meeting upon request.

(10) Minutes of the proceedings of all board meetings are kept and published on the commission website.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-08-030, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-030, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-08-030, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-08-030, filed 4/1/86.

Wash. Admin. Code § 30-08-040 Board meetings—Public participation.

(1) Any person or organization wishing to make a formal presentation at a scheduled meeting of the board shall notify the executive director in writing at least ten days prior to the time of the meeting. The chair or executive director may waive the ten-day notice period in the event the proposed presentation is of critical importance to the operation of the commission.

(a) Such notification shall contain the name of the person or organization that desires to make a presentation; the address and phone number of the person or organization; and the topic to be presented or discussed.

(b) Permission to make a presentation to the board shall be granted by the executive director in consultation with the chair.

(c) Confirmation of permission to make a presentation to the board shall be made, if reasonably possible, by staff prior to the meeting of the board, and shall include the date and time of the meeting, and the approximate start time and duration established for the formal presentation.

(2) The chair shall have the discretion to recognize anyone in the audience who indicates at the time of the meeting a desire to speak at such meeting. Depending on the number of individuals wishing to speak or the chair's sense of the business the board must conduct, the chair may limit the time for comment to a reasonable period.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-040, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-08-040, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-08-040, filed 4/1/86.

Wash. Admin. Code § 30-08-080 Board officers and committees.

(1) Officers. The officers of the board shall be chair, first vice chair, and second vice chair.

(a) Election of officers.

(i) At the last meeting of the fiscal year, the current chair shall appoint a nominating committee. At the first meeting of the next fiscal year, the nominating committee shall report its recommendations for officers, after which nominations shall be open to the floor. An election shall be held and the commissioner receiving the highest number of votes for each of the three positions shall be declared elected to the position for the coming year. The officers shall act as chair, first vice chair, and second vice chair until the next election or successors are elected.

(ii) Vacancies may be filled by the chair between annual elections of officers.

(b) Duties of officers.

(i) The chair shall preside at all meetings of the board, act as principal spokesperson for the board, represent the board between meetings, appoint standing and ad hoc board committees, appoint committee chairs, remove members of committees, act as an ex officio member of all standing committees, provide a regular report to the board regarding recent actions and activities, and perform other duties that pertain to the office. The chair shall lead board activities in close partnership with the executive director, and coordinate with the executive director in the planning and arrangements for all meetings of the board.

(ii) The first vice chair shall act as chair in the absence or incapacity of the chair.

(iii) The second vice chair shall act as chair in the absence or incapacity of both the chair and the first vice chair.

(2) Executive committee. The chair, first vice chair, second vice chair, and at least one commissioner at-large appointed by the chair shall constitute the executive committee.

The executive committee may act on behalf of the board between regular meetings when such action is necessary to authorize staff implementation of a required function in a timely manner. Any executive committee action shall be ratified at the next regular meeting of the board.

(3) Committees of the board. The chair shall appoint such committees as the board or the chair deem necessary to carry on the business of the board.

A committee may act on behalf of the board between regular meetings when such action is necessary to authorize staff implementation of a required function in a timely manner, and when such action has been specifically authorized in advance by a majority vote taken at a regular meeting of the board. Any committee action shall be ratified at the next regular meeting of the board.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-080, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-08-090 Conflict of interest.

The requirements of state ethics laws apply to all board members operating in their role as a commissioner, including prohibitions against conflicts of interest, pursuant to chapter 42.52 RCW.

(1) Conflict of interest at board and board committee meetings.

(a) When a member of the board will benefit, directly or indirectly, from a grant, project, issue, or other matter before the board or a committee of the board, he/she shall notify the chair, executive director, or fellow committee members. In relation to approval of grants, indicators of a conflict include financial or management ties to a specific project, such as salary, ownership, hands-on management or directorship by the commissioner, or a member of the commissioner's household or immediate family.

(b) A commissioner with a conflict of interest shall recuse himself/herself from the decision by taking the following actions:

(i) Recuse himself/herself from board/committee discussion regarding the specific grant, project, issue, or matter;

(ii) Recuse himself/herself from the board/committee vote on the specific grant, project, issue, or matter;

(iii) Refrain from attempting to influence the remaining commissioners at their discussion and vote regarding the specific grant, project, issue, or matter.

(d) If possible, where there is a known conflict of interest regarding an action item at a board meeting, the item will be scheduled in such a manner that the commissioner can participate in other action items.

(2) Perceived conflict of interest at a board or committee meeting. Any member of the board or committee who feels that he/she has no prohibited conflict of interest but does have a personal or professional interest which the public might misconstrue in the particular situation, may either voluntarily recuse, as identified above; or disclose the interest to those present, and if there is no objection from anyone present, proceed to discuss and vote on the item. If there is an objection the chair shall determine if recusal is necessary and appropriate.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-090, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-08-100 Complimentary tickets and other gifts.

In compliance with chapter 42.52 RCW, Ethics in public service, commissioners, executive director, and staff of the commission will not accept gifts of complimentary tickets or other gifts that will influence or create the appearance of influence on commission decisions.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-08-100, filed 11/16/10, effective 12/17/10.

Chapter 30-12 General rules.

Wash. Admin. Code § 30-12-010 Scope of this chapter.

This chapter is to establish rules that apply generally to programs and services of the Washington state arts commission. Additional rules for specific programs are established in application guidelines, and in chapters 30-40 WAC (Art in public places program), 30-41 WAC (Poet laureate program), 30-42 WAC (Creative districts program), and 30-44 WAC (Governor's arts and heritage awards).

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-12-010, filed 3/28/18, effective 4/28/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-12-010, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-12-010, filed 4/1/86.

Wash. Admin. Code § 30-12-015 Grants.

(1) The commission provides grants through a competitive process to organizations or individuals for the purpose of developing, sponsoring, and promoting the growth and development of the arts and arts education in the state of Washington.

(2) Staff create and publish applications, application cycles, forms and documents, guidelines, eligibility requirements, review criteria, and select review panelists.

(3) Staff manage the application process. Panelists evaluate and score applications and offer recommendations to the board. See also WAC 30-12-017 (Applications) and WAC 30-12-030 (Panels).

(4) The board reviews panel recommendations and approves grants, except as noted below.

(a) The executive director may approve grants that do not exceed five thousand dollars. Grants approved by the executive director are subject to ratification by the board at the next board meeting.

(b) The board may delegate to the executive director approval of grants that exceed five thousand dollars. Grants approved by the executive director are subject to ratification by the board at the next board meeting.

History

Statutory Authority: RCW 43.46.040 and 43.46.090 through 43.46.095. WSR 21-11-020, § 30-12-015, filed 5/11/21, effective 6/11/21. Statutory Authority: RCW 43.46.040. WSR 19-07-001, § 30-12-015, filed 3/6/19, effective 4/6/19
WSR 18-02-086, § 30-12-015, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-015, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-12-016 Rosters.

(1) Staff may establish and manage a roster to address program needs.

(2) Application cycles, forms, guidelines, eligibility requirements, and review criteria are established and published by staff.

(3) The application process is managed pursuant to WAC 30-12-017 (Applications) and applications are reviewed by a panel pursuant to WAC 30-12-030 (Panels).

(4) Staff may eliminate a roster due to changes in priorities, program needs, or resources, subject to the review and approval of the board.

(5) Removal from a roster.

(a) Staff have the authority to remove individuals from a roster for the following reasons:

(i) Individual on the roster fails to inform staff of new contact information;

(ii) Individual on the roster requests to be removed;

(iii) Individual on the roster is deceased;

(iv) Expiration of roster term limit, as published in application guidelines;

(v) Violation of the terms of a commission-related contract;

(vi) If artists are accepted onto a roster as a team and subsequently dissolve the team, all individuals on the team are removed from the roster;

(vii) Any other reason specified in published application guidelines.

(b) Removed individuals may apply for inclusion in the next roster application cycle, except if removed for violation of the terms of a commission-related contract or for other reasons as specified in application guidelines.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-12-016, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-016, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-12-017 Applications.

(1) Application cycles, forms, guidelines, eligibility requirements, and review criteria are established and published by staff.

(2) Application forms and guidelines are published on the commission website no fewer than twenty calendar days prior to the deadline for submitting applications, pursuant to RCW 34.05.413.

(3) Applications submitted by the published deadline as specified in application guidelines are reviewed by staff to determine if the application meets published eligibility requirements.

(4) Staff convene a panel to review eligible applications pursuant to WAC 30-12-030 (Panels).

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-12-017, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-017, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-12-030 Panels.

(1) Staff convenes panels. The executive director authorizes panels to serve.

(2) Panels may include members of the public, commissioners, and staff and will be three to seven members.

(a) Selected panelists will represent a balance of expertise, demographic composition, and diverse cultural communities.

(b) Reimbursement for members of the public who serve as panelists may include a stipend and/or travel and lodging expenses. Reimbursement for commissioners who serve as panelists may include travel and lodging expenses. Staff are not compensated for panel service.

(3) Staff provide panel members an orientation that includes conflict of interest rules pursuant to WAC 30-12-035 (Conflict of interest in panels and program committees).

(4) Panel members evaluate applications and nominations objectively, using critical judgment and expertise, and making final recommendations based on the published review criteria.

(5) The record of the panel process includes the names and qualifications of the panel members; panel orientation materials; declared conflicts of interest or recusals; scoring records; and the panel's recommendations.

(6) Panels may refrain from scoring an application or nomination if they find there is insufficient information to make a fair and objective recommendation.

(7) All panel recommendations are subject to the review and approval or ratification of the board.

History

Statutory Authority: RCW 43.46.040. WSR 19-07-001, § 30-12-030, filed 3/6/19, effective 4/6/19. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-030, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-12-030, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-12-030, filed 4/1/86.

Wash. Admin. Code § 30-12-035 Conflict of interest in panels and program committees.

(1) The requirements of state ethics laws apply to all panels and program committees, including prohibitions against conflicts of interest, pursuant to chapter 42.52 RCW.

(2) When a member of a panel or program committee will benefit, directly or indirectly, from a grant, project, or other matter before the panel or committee, he/she shall notify the staff convening the panel or committee. Indicators of a conflict include financial or management ties to a specific application, proposal, submission or other matter, such as salary, ownership, hands-on management or directorship by the panelist or a member of the panelist's household or immediate family.

(3) Panel and program committee members who have a conflict of interest must recuse themselves from the decision by taking the following actions:

(a) Recuse himself/herself from panel/committee discussion regarding the specific application, proposal, submission or other matter;

(b) Recuse himself/herself from the panel/committee vote on the specific application, proposal, submission or other matter;

(c) Refrain from attempting to influence the remaining panel/committee members in their discussion and vote regarding the specific application, proposal, submission or other matter.

(4) In a panel/program committee meeting, recusal shall include leaving the room for the discussion and vote on the item with which the panel/committee member has a conflict of interest. The panel/committee members may participate in discussion that leads to preparation of the list of recommendations, including scoring of other applications, nominations, or staff recommendations.

(5) Perceived conflict of interest at a panel/committee meeting.

Any member of the panel/committee who feels that he/she has no prohibited conflict of interest but does have a personal or professional interest which the public might misconstrue in the particular situation, may either voluntarily recuse, as identified above, or disclose the interest to those present and, if there is no objection from anyone present, proceed to discuss and vote on the item. If there is an objection, the panel/committee member shall recuse himself/herself.

(6) Panel recommendations presented to the board for approval shall identify all conflicts of interest stated during the panel process.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-035, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-12-036 Appeal procedure—Request for review of denied applications.

(1) By this section, the commission adopts RCW 34.05.482 and 34.05.485 through 34.05.494 for the use of brief adjudicative proceedings when an application for a commission program has been denied and the applicant requests review of the denial.

(2) Brief adjudicative proceeding. If the board denies an application for a commission program, the applicant may challenge the board's decision by requesting a brief adjudicative proceeding.

(a) A request for a brief adjudicative proceeding must be filed in writing to the executive director within twenty-one calendar days of the date the denial was sent to the applicant, and must state the reason(s) for the request.

(b) The executive director or his/her designee acts as the presiding officer in the brief adjudicative proceeding.

(c) The presiding officer provides an opportunity for both the applicant and the commission to explain their views of the board's decision.

(i) The applicant and presiding officer may consult with staff to examine the application and panel process, including: Application guidelines, the names and qualifications of the panel members, panel orientation materials, declared conflicts of interest or recusals; scoring sheets; and the panel's recommendations to the board.

(ii) The presiding officer may rely on his/her examination of the application and panel process, additional information provided by the applicant and the commission, and any other relevant information resulting from the presiding officer's inquiries.

(d) Initial order. When the presiding officer has reached a decision, the presiding officer will notify the applicant and the commission in a brief written statement explaining the reasons for the decision and advising the parties of the right to seek administrative review of the presiding officer's decision.

(e) The presiding officer's brief written statement is an initial order. If neither party requests review of the initial order as authorized by RCW 34.05.488 and 34.05.491, the presiding officer's initial order automatically becomes the final order.

(3) Administrative review of the initial order. The chair will conduct an administrative review of the presiding officer's initial order if the chair receives a written or oral request for review from either the applicant or the commission within twenty-one days after service of the initial order.

(a) The chair or the chair's designee acts as the reviewing officer in administrative review of an initial order.

(b) If neither party requests review, the reviewing officer may nonetheless review an initial order without notice to the parties, but the reviewing officer will not take any action on review that is less favorable to either party than the initial order, without giving that party notice and an opportunity to explain that party's view of the matter;

(c) The reviewing officer ensures that the matter meets the criteria in RCW 34.05.482(1) for brief adjudicative proceedings and that both the applicant and the commission have the additional opportunity, as part of the review, to explain their views of the matter to the reviewing officer;

(d) The reviewing officer may rely on the record of the application and panel process, additional explanations provided by the parties, and any other relevant information resulting from the reviewing officer's inquiries;

(e) The reviewing officer enters a written order within twenty-one calendar days of the request for review, or, if the review was conducted without a request from either party, the reviewing officer enters a written order within twenty-one days of service of the presiding officer's initial order. The reviewing officer's order is a final order containing a brief statement of the reasons for the decision and notifying the parties of the availability of judicial review by a superior court pursuant to RCW 34.05.510 through 34.05.598;

(f) If the reviewing officer does not enter a written order within twenty-one calendar days after the request for review, the request is deemed to have been denied, and the initial order from the presiding officer becomes the final order subject to judicial review by a superior court pursuant to RCW 34.05.510 through 34.05.598.

(4) Record of review. The commission maintains, as its official record of the matter, all documents that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer if an administrative review was conducted.

(a) The presiding officer for the brief adjudicative proceeding, the reviewing officer on administrative review, and the superior court on judicial review may consider matters outside the commission's official record, subject to the limitations of RCW 34.05.558 and 34.05.562.

(b) If a party files a petition for judicial review by a superior court pursuant to RCW 34.05.510 through 34.05.598, staff will prepare and transmit the official record to the superior court as required by RCW 34.05.566.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-036, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-12-037 Accessibility complaints.

(1) If a person believes an event, service, or facility funded by the commission has discriminated based upon a disability, he/she may do one of the following:

(a) File an informal complaint directly with the commission;

(b) File a complaint with the Washington state human rights commission; or

(2) If a person believes an event, service, or facility funded by the commission has discriminated for a reason other than disability, he/she should contact the Washington state human rights commission.

(3) If a person believes the commission has directly discriminated against him/her for any reason, he/she is advised to contact the Washington state human rights commission.

(4) Responding to informal complaints submitted to the commission. Staff will respond to complaints of discrimination based upon disability at/within/by a commission-funded event, service, or facility. Staff will work with its grantees to address the complaint. If access or an access plan is not satisfactorily attained within thirty days, staff will encourage the complainant to contact the Washington state human rights commission, to which staff will forward the complaint and any relevant records as determined by staff.

(5) If the complaint is verified and the grantee organization is found to be in noncompliance by the Washington state human rights commission, staff may put a hold on pending payment of any grant funds from the commission as well as withhold final decisions on any pending applications until that organization has addressed its noncompliance issues.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-037, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-12-160 Credits and endorsements of local programs.

The commission's logo or other credits may be used to indicate commission support for organizations or individuals who have received grants, membership on a roster, or sponsorship.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-12-160, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-12-160, filed 7/12/95, effective 8/12/95
WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-12-160, filed 4/1/86.

Wash. Admin. Code § 30-12-170 Budget line items.

The commission will not endorse state budget line items and legislative provisos requested by individual arts organizations.

History

Statutory Authority: RCW 43.46.040. WSR 86-08-072 (Order 1, Resolution No. 86-1), § 30-12-170, filed 4/1/86.

Chapter 30-40 Art in public places program.

Wash. Admin. Code § 30-40-010 Scope of this chapter.

This chapter is to provide rules that apply specifically to the art in public places program to acquire and conserve works of art in the state art collection.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-40-010, filed 5/7/87.

Wash. Admin. Code § 30-40-020 Authority.

The Washington state arts commission is authorized under RCW 43.46.090 to administer the art in public places program and is authorized by RCW 43.46.040 to adopt rules to do so. Staff has the authority to develop, administer, and manage the art in public places program. The specific statutes these rules are intended to implement are: RCW 43.46.090, 43.46.095, 43.17.200, 43.17.205, 43.17.210, 43.19.455, 28A.335.210, 28B.10.025, and 28B.10.027.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-40-020, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-40-020, filed 5/7/87.

Wash. Admin. Code § 30-40-050 Funding.

(1) Calculation of funds.

(a) Pursuant to RCW 43.17.200, one-half of one percent of the state's capital appropriation for the original construction of specific public buildings is set aside for the administration, acquisition, and conservation of works of art for the state art collection.

(b) Funding is generated by construction of any new building and/or additions to an existing building or structure except for highway construction sheds, warehouses, or other temporary buildings. In addition, funding is generated by any renovation and remodel work exceeding two hundred thousand dollars at universities, colleges, and community colleges. Renovation and remodel work does not include repair, maintenance, or replacement of building systems, such as HVAC, plumbing, wiring, fire sprinklers, roofs, insulation, lighting, or other system that keeps the building functional and safe.

(2) Partner agency eligibility and site requirements of funds.

(a) All state agencies including all state departments, boards, councils, commissions, and quasi-public corporations; all universities, colleges, community colleges, and technical colleges; and the office of the superintendent of public instruction who appropriates state funding to school districts for the original construction of school plant facilities, shall apply the formula.

(b) Works of art must be placed in public buildings or on public lands. In siting works of art, priority is given to state properties and K-12 public schools.

(3) Use of funds.

(a) Staff is responsible for negotiating contracts and expending funds.

(b) Funds may be used for works of art in the state art collection that are:

(i) Integral to or attached to a public building or structure;

(ii) Detached inside or outside a public building or structure;

(iii) On or part of the landscape;

(iv) Permanent or temporary;

(v) Part of a portable exhibition or collection.

(c) Funds may be used for expenses incurred in the design, fabrication, and installation of works of art, artists' fees and expenses, staff administrative expenses, and conservation.

(d) Funds shall not be used for the partner agency's administrative expenses, architectural or professional design services, site preparation, public event expenses, insurance, fees for art selection committee participation, or maintenance of the work of art.

(e) Funds shall not be used for clock towers, electrically powered water features, memorials, logos, signage, or the depiction of school mascots.

(4) Determination of funds. Staff shall determine the funds that are available for projects and sites, in consultation with the partner agency; director of general administration; directors of state agencies; the superintendent of public instruction and school district boards of directors; or the boards of regents or trustees of universities, colleges, and community colleges. (RCW 43.17.210, 43.19.455, 28A.335.210, and 28B.10.025.)

(5) Supplemental funds. The one-half of one percent formula is a required minimum for works of art. Partner agencies may designate additional funds from other sources. Works of art acquired using supplemental funding become part of the state art collection.

(6) Transfer of funds. After project funds for works of art are determined, staff may request transfer of the funds from the partner agency.

(7) Pooling of funds.

(a) Staff may determine that funds from multiple construction projects may be combined as part of a pooling program or to fund larger works of art within a partner agency.

(b) Only K-12 school districts with applicable state assisted construction project funds may apply for K-12 pooled funds.

(c) Eligible K-12 school districts may apply for pooled funds pursuant to WAC 30-12-017 (Applications), WAC 30-12-030 (Panels), and in accordance with published application guidelines.

History

Statutory Authority: RCW 43.46.040 and 43.46.090 through 43.46.095. WSR 18-19-054, § 30-40-050, filed 9/14/18, effective 10/15/18. Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-40-050, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-050, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-40-050, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-40-050, filed 5/7/87.

Wash. Admin. Code § 30-40-060 Collections management.

(1) Staff manage the state art collection as funded, including conservation, restoration, deaccession, inventory, loans, resiting, recordkeeping and documentation.

(2)(a) The commission enters into interagency agreements with partner agencies hosting sites for works of art in the state art collection. The interagency agreement is in effect throughout the partner agency's possession of the work(s) of art.

(b) Partner agencies are responsible for all routine and special maintenance for works of art in the state art collection, which they hold as stated in the interagency agreement.

(i) Routine maintenance includes activities such as surface dusting, replacement of lights, cleaning of glass or Plexiglas, removal of debris, or oiling of moving parts.

(ii) Special maintenance typically involves nonart specific skills including, but not limited to, the application of paint and/or sealant to certain works of art, mortar replacement, or landscape maintenance.

(3) Collections management policy includes:

(a) Conservation/restoration. The commission is responsible for the conservation and restoration of the state art collection. Staff determine conservation and restoration priorities and actions.

(b) Deaccession. The board has authority to formally remove works of art from the state art collection when those works of art meet the review criteria in the collections management policy. Removal of works of art follows the procedures outlined in the collections management policy.

(d) Insurance. The state art collection is self-insured.

(e) Inventory. Staff inventory the state art collection in accordance with the state administrative and accounting manual.

(f) Loans of works of art. Works of art may be loaned for temporary exhibition in accordance with the collections management policy. The executive director approves, and staff coordinate outgoing loans.

(g) Resiting. Staff manage the resiting of works of art from the state art collection. Resiting is intended to provide a long-term, secure, and visible home for a work of art. Priority for resiting is given to the original partner agency when possible.

(i) If resiting within the original partner agency jurisdiction is not feasible, then the work of art becomes available for resiting to other partner agencies, in accordance with the collections management policy. Priority may be given to partner agencies that have generated funding pursuant to WAC 30-40-050 (Funding) but have not received a public art project.

(ii) Resiting may not be feasible for physically integrated or site-responsive works of art.

(h) Collections management policies are approved by the board and published on the commission's website.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-40-060, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-060, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-40-060, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-40-060, filed 5/7/87.

Wash. Admin. Code § 30-40-100 Art acquisition committees.

(1) Art advisory committees. Staff may recommend that a partner agency form an art advisory committee. Staff may appoint members of the committee. The committee may include, but is not limited to, members of an established art selection committee. The art advisory committee does not select artists or make decisions regarding artist proposals.

(2) Art selection committees. At staff request, an art selection committee shall be formed by the partner agency receiving the project. The committee is convened and facilitated by staff according to published program guidelines.

(a) Committee members may include partner agency administration, visual artists or visual art professionals, community members, board members and trustees, and building/location users. The makeup of the committee should be gender-balanced and culturally diverse. Staff may recommend appointees to the committee.

(b) A preferred committee size is from three to seven members, depending on the method of acquisition of works of art.

(i) For commissioning works of art, the minimum committee size is five members. The committee shall select the artist and approve the artist's concept.

(ii) For direct purchase of curated existing works of art, the minimum committee size is five members. The committee will approve the curator, selection of artists, and work(s) of art.

(iii) For resiting works from the state art collection, the minimum committee size is three members. The committee shall select the work(s) of art to be permanently resited.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-40-100, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-100, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-40-110 Acquisition of works of art.

(1) The commission enters into an interagency agreement with any partner agency generating one-half of one percent funds and/or hosting a site for a work of art in the state art collection.

(2) Methods of selecting artists and works of art.

(a) Commissioning new works of art. The primary method of acquisition is by commissioning new works of art through an art selection committee. The public artist roster (WAC 30-40-120) is the tool for selecting artists for commissioning except as specified in (d) of this subsection.

(b) Curated purchase. Staff facilitates a process whereby a curator recommends work(s) of art for art selection committee approval. The curator roster (WAC 30-40-130) is the tool for selecting curators for recommendations except as specified in (d) of this subsection.

(c) Resiting. Works of art may be resited with any partner agency pursuant to WAC 30-40-060 (3)(g) and in accordance with the collection care policy.

(d) An open call. In consultation with the director of a partner agency, staff may elect to manage an open call for artists to be considered for the commissioning of a new work(s) of art or for curators to recommend existing works of art through a curated purchase. The open call process is managed pursuant to WAC 30-12-017 (Applications) and WAC 30-12-030 (Panels) unless otherwise noted in this subsection.

(i) A partner agency art selection committee may act as the panel for the application review process.

(ii) In addition to artists who apply to the open call, the art selection committee may review and consider all eligible artists from the public artist roster.

(iii) Artwork selection committee decisions regarding acquisitions are final and do not need board approval.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-40-110, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-110, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-40-120 Public artist roster.

(1) The public artist roster is managed pursuant to WAC 30-12-017 (Applications), 30-12-030 (Panels), and 30-12-016 (Rosters).

(2) An artist or artist team on the public artist roster is considered inactive and, therefore, not eligible for a new contract:

(a) For a period of two years from the date a commissioning contract is signed; and/or

(b) While under a proposal contract.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-120, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 30-40-130 Curator roster.

(1) The curator roster is managed pursuant to WAC 30-12-017 (Applications), 30-12-030 (Panels), and 30-12-016 (Rosters).

(2) A curator on the roster is not eligible for a new contract while under a current contract with the commission.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-40-130, filed 11/16/10, effective 12/17/10.

Chapter 30-41 Poet laureate program.

Wash. Admin. Code § 30-41-010 Purpose.

The Washington state arts commission is authorized by RCW 43.46.081 to establish and administer the poet laureate program. The poet laureate shall serve a two-year term, and engage in activities to promote and encourage poetry within the state, including, but not limited to, readings, workshops, lectures, and/or presentations for educational institutions and communities in geographically diverse areas.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-41-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-41-010, filed 1/6/10, effective 2/6/10.

Wash. Admin. Code § 30-41-020 Procedures.

(1) The process for selecting a poet laureate is managed pursuant to WAC 30-12-017 (Applications) and WAC 30-12-030 (Panels), unless otherwise noted in this section.

(2) A member of the staff serves on the panel, which may also include representatives of the board, the Washington state library, the education community, the Washington commission for the humanities, publishing, and the community of Washington poets.

(3) The panel establishes review criteria to be used for the selection of a poet laureate. Competition frequency, and application forms and guidelines shall be established and published by staff.

(4) The board shall review the panel's recommendations and advise the governor of its decisions. The governor has final approval authority.

(5) Following the governor's approval of the poet laureate, staff shall inform the board and the appointee.

(6) If the governor fails to approve the appointee, the commission shall restart the application process.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-41-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-41-020, filed 1/6/10, effective 2/6/10.

Wash. Admin. Code § 30-41-030 Compensation.

The poet laureate shall receive compensation at a level determined by the executive director. Travel expenses shall be provided in accordance with RCW 43.03.050 and 43.03.060.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-41-030, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040 and 43.46.081. WSR 10-02-089, § 30-41-030, filed 1/6/10, effective 2/6/10.

Chapter 30-42 Creative districts program.

Wash. Admin. Code § 30-42-010 Authority.

The Washington state arts commission is authorized under RCW 43.46.100 through 43.46.115 to establish and administer the creative districts program. Staff has authority to develop, administer, and manage the creative districts program.

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-010, filed 3/28/18, effective 4/28/18.

Wash. Admin. Code § 30-42-020 Purpose.

A state-certified creative districts program supports communities to encourage economic and cultural development. The program supports activities that include, but are not limited to: Attracting artists and creative entrepreneurs, creating or expanding a hub of economic or business activity, establishing marketable tourism assets, revitalizing neighborhoods or preserve historic or cultural heritage, or other activities that may enhance and celebrate a community's unique cultural or economic identity as it relates to arts and cultural activities.

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-020, filed 3/28/18, effective 4/28/18.

Wash. Admin. Code § 30-42-030 Application process.

(1) Applications will be reviewed and processed pursuant to WAC 30-12-017.

(2) The application must be submitted on a standard form developed and approved by the commission.

(3) Application cycles, forms, guidelines, eligibility requirements, and review criteria are established and published by staff.

(4) The creative districts program manager serves on panels pursuant to WAC 30-12-030 (Panels) and 30-12-035 (Conflicts of interest in panels and program committees).

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-030, filed 3/28/18, effective 4/28/18.

Wash. Admin. Code § 30-42-040 Requirements for certification.

In order to receive certification as a state-certified creative district, a creative district must:

(1) Be a geographically contiguous area or other approved configuration;

(2) Be distinguished by physical, artistic, or cultural resources that play a vital role in the quality and life of a community, including its economic and cultural development;

(3) Be the site of a concentration of artistic or cultural activity, a major arts or cultural institution or facility, arts and entertainment businesses, an area with arts and cultural activities, or artistic or cultural production;

(4) Be engaged in the promotional, preservation, and educational aspects of the arts and culture of the community and contribute to the public through interpretive, educational, or recreational uses; and

(5) Satisfy any additional criteria required by the commission that in its discretion will further the objectives of creative district certification.

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-040, filed 3/28/18, effective 4/28/18.

Wash. Admin. Code § 30-42-050 Review of creative districts applications, approval and denial.

The commission shall make available electronically the approved application forms, procedures and processes and post to the agency website.

(1) Upon review of application for certification, the commission shall approve or reject the application. The commission may request additional relevant information at any time during the application, review, and certification process.

(2) Certification is based upon the criteria specified in RCW 43.46.105.

(3) If the commission approves an application for certification, it must notify the applicant in writing and must specify the terms and conditions of the approval.

(4) If an application is denied, the commission shall notify the applicant in writing within thirty days of determination that the application does not meet the state requirements and the applicant cannot meet the state requirements with the information at hand.

(5) Denied applications may reapply, if the deadline for accepting applications has not passed when all of the criteria can be met.

(6) Denied applications may appeal per WAC 30-12-036.

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-050, filed 3/28/18, effective 4/28/18.

Wash. Admin. Code § 30-42-060 Creative districts certification and district activities.

(1) State-certified creative districts shall use the state-certified designation when promoting their creative district, and shall acknowledge the arts commission as a technical resource and agency of support in compliance with certification requirements.

(2) State-certified creative districts may be eligible for resources as described in RCW 43.46.110(7).

(3) The commission shall require periodic written reports from any state-certified creative district for the purpose of reviewing the activities of the district, including the compliance of the district with the developed policies and standards. Written reports shall be filed a minimum of annually, and may be filed on a quarterly basis.

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-060, filed 3/28/18, effective 4/28/18.

Wash. Admin. Code § 30-42-070 Creative districts recertification and revocation.

(1) The state certification as a creative district is valid for five years. Creative districts may renew certification after five years, in compliance with arts commission guidelines.

(2) The commission may revoke a certification previously granted, for failure by a local government or organization to fully comply with commission requirements. Disputes shall be resolved through adjudicative proceedings as described in chapter 34.05 RCW.

History

Statutory Authority: RCW 43.46.110 and chapter 43.46 RCW. WSR 18-08-043, § 30-42-070, filed 3/28/18, effective 4/28/18.

Chapter 30-44 Governor's arts and heritage awards.

Wash. Admin. Code § 30-44-010 Scope of this chapter.

This chapter contains general rules affecting the governor's arts and heritage awards.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-44-010, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-44-010, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-44-010, filed 5/7/87.

Wash. Admin. Code § 30-44-020 Program purpose.

The governor's arts and heritage awards recognize those individuals and organizations who have contributed significantly to the arts and cultural development of the state of Washington.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-44-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-44-020, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-44-020, filed 5/7/87.

Wash. Admin. Code § 30-44-030 Eligibility.

(1) In order for the commission to consider an individual or organization for a governor's arts or heritage award, the nominee must:

(a) Be a current resident of the state of Washington, or have been a resident of the state of Washington during the time the contributions were made and/or achievements accomplished;

(b) Not have been a previous individual recipient with the exception of the young arts leader award;

(2) The commission may establish additional eligibility requirements to be published in nomination guidelines.

History

Statutory Authority: RCW 43.46.040. WSR 18-02-086, § 30-44-030, filed 1/2/18, effective 2/2/18. Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-44-030, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-44-030, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-44-030, filed 5/7/87.

Wash. Admin. Code § 30-44-040 Nomination and presentation of awards.

(1) Nominations are managed pursuant to WAC 30-12-017 (Applications) and WAC 30-12-030 (Panels), unless otherwise noted in this section.

(2) The panel may review nominations of individuals or organizations not nominated in a current year, but who have been nominated in past years.

The board shall review the panel's recommendations for nominations and advise the governor of its decisions. The governor has final approval authority.

History

Statutory Authority: Chapter 43.46 RCW. WSR 10-23-102, § 30-44-040, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 43.46.040. WSR 95-15-040, § 30-44-040, filed 7/12/95, effective 8/12/95
WSR 87-11-001 (Order 2, Resolution No. 87-1), § 30-44-040, filed 5/7/87.

Title 30 WAC — Arts Commission

Chapter 30-01 Washington state arts commission.

Wash. Admin. Code § 30-01-020 Rule-making authority.

Wash. Admin. Code § 30-01-040 Commission's purpose.

Wash. Admin. Code § 30-01-055 Responsibilities.

Wash. Admin. Code § 30-01-060 Office hours and contact information.

Chapter 30-02 Definitions.

Wash. Admin. Code § 30-02-005 Scope of this chapter.

Wash. Admin. Code § 30-02-010 Definitions.

Chapter 30-04 Public records.

Wash. Admin. Code § 30-04-010 Purpose.

Wash. Admin. Code § 30-04-020 Public records available.

Wash. Admin. Code § 30-04-030 Public records officer.

Wash. Admin. Code § 30-04-040 Inspection and copying.

Wash. Admin. Code § 30-04-050 Requests for public records.

Wash. Admin. Code § 30-04-055 Response to public records request.

Wash. Admin. Code § 30-04-060 Copying.

Wash. Admin. Code § 30-04-070 Exemptions.

Wash. Admin. Code § 30-04-080 Review of denials of public records requests.

Wash. Admin. Code § 30-04-120 Records index.

Chapter 30-08 Practice and procedure.

Wash. Admin. Code § 30-08-010 Scope of this chapter.

Wash. Admin. Code § 30-08-020 Uniform procedure rules.

Wash. Admin. Code § 30-08-030 Board meetings.

Wash. Admin. Code § 30-08-040 Board meetings—Public participation.

Wash. Admin. Code § 30-08-080 Board officers and committees.

Wash. Admin. Code § 30-08-090 Conflict of interest.

Wash. Admin. Code § 30-08-100 Complimentary tickets and other gifts.

Chapter 30-12 General rules.

Wash. Admin. Code § 30-12-010 Scope of this chapter.

Wash. Admin. Code § 30-12-015 Grants.

Wash. Admin. Code § 30-12-016 Rosters.

Wash. Admin. Code § 30-12-017 Applications.

Wash. Admin. Code § 30-12-030 Panels.

Wash. Admin. Code § 30-12-035 Conflict of interest in panels and program committees.

Wash. Admin. Code § 30-12-036 Appeal procedure—Request for review of denied applications.

Wash. Admin. Code § 30-12-037 Accessibility complaints.

Wash. Admin. Code § 30-12-160 Credits and endorsements of local programs.

Wash. Admin. Code § 30-12-170 Budget line items.

Chapter 30-40 Art in public places program.

Wash. Admin. Code § 30-40-010 Scope of this chapter.

Wash. Admin. Code § 30-40-020 Authority.

Wash. Admin. Code § 30-40-050 Funding.

Wash. Admin. Code § 30-40-060 Collections management.

Wash. Admin. Code § 30-40-100 Art acquisition committees.

Wash. Admin. Code § 30-40-110 Acquisition of works of art.

Wash. Admin. Code § 30-40-120 Public artist roster.

Wash. Admin. Code § 30-40-130 Curator roster.

Chapter 30-41 Poet laureate program.

Wash. Admin. Code § 30-41-010 Purpose.

Wash. Admin. Code § 30-41-020 Procedures.

Wash. Admin. Code § 30-41-030 Compensation.

Chapter 30-42 Creative districts program.

Wash. Admin. Code § 30-42-010 Authority.

Wash. Admin. Code § 30-42-020 Purpose.

Wash. Admin. Code § 30-42-030 Application process.

Wash. Admin. Code § 30-42-040 Requirements for certification.

Wash. Admin. Code § 30-42-050 Review of creative districts applications, approval and denial.

Wash. Admin. Code § 30-42-060 Creative districts certification and district activities.

Wash. Admin. Code § 30-42-070 Creative districts recertification and revocation.

Chapter 30-44 Governor's arts and heritage awards.

Wash. Admin. Code § 30-44-010 Scope of this chapter.

Wash. Admin. Code § 30-44-020 Program purpose.

Wash. Admin. Code § 30-44-030 Eligibility.

Wash. Admin. Code § 30-44-040 Nomination and presentation of awards.

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