reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.13 - Department Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The department shall maintain an official
			 rule-making record for each rule it proposes by publication in the Iowa
			 Administrative Bulletin of a Notice of Intended Action, or adopts. The
			 rule-making record and materials incorporated by reference must be available
			 for public inspection.
(2)
Contents.
The department rule-making record shall contain:
a. Copies of all publications in the Iowa
			 Administrative Bulletin with respect to the rule or the proceeding upon which
			 the rule is based and any file-stamped copies of departmental submissions to
			 the administrative rules coordinator concerning that rule or the proceeding
			 upon which it is based;
b. Copies
			 of any portions of the department's public rule-making docket containing
			 entries relating to the rule or the proceeding upon which the rule is
			 based;
c. All written petitions,
			 requests, and submissions received by the department, and all other written
			 materials of a factual nature as distinguished from opinion that are relevant
			 to the merits of the rule and that were created or compiled by the department
			 and considered by the director, in connection with the formulation, proposal,
			 or adoption of the rule or the proceeding upon which the rule is based, except
			 to the extent the department is authorized by law to keep them confidential;
			 provided, however, that when any such materials are deleted because they are
			 authorized by law to be kept confidential, the department shall identify in the
			 record the particular materials deleted and state the reasons for that
			 deletion;
d. Any official
			 transcript of oral presentations made in the proceeding upon which the rule is
			 based or, if not transcribed, the stenographic record or electronic recording
			 of those presentations, and any memorandum prepared by a presiding officer
			 summarizing the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f. A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(2)
			  by the administrative rules review
			 committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
			 by the administrative rules review committee, the governor, or the attorney
			 general pursuant to Iowa Code section
			 17A.4(4),
			 and any department response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall file each rule it adopts in the office of
				the administrative rules coordinator The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the department shall use the standard form prescribed by the
				administrative rules coordinator
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The department may make a rule effective after its
			 filing at any stated time prior to 35 days after its indexing and publication
			 in the Iowa Administrative Bulletin if it finds that a statute so provides, the
			 rule confers a benefit or removes a restriction on some segment of the public,
			 or that the effective date of the rule is necessary to avoid imminent peril to
			 the public health, safety, or welfare. The department shall incorporate the
			 required finding and a brief statement of its supporting reasons in each rule
			 adopted in reliance upon this subrule.
(2)
Special notice.
When the
			 department makes a rule effective prior to its indexing and publication in
			 reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b"
(3), the department
			 shall employ all reasonable efforts to make its contents known to the persons
			 who may be affected by that rule to the rule's indexing and publication. The
			 term "all reasonable efforts" requires the department to employ the most
			 effective and prompt means of notice rationally calculated to inform
			 potentially affected parties of the effectiveness of the rule that is justified
			 and practical under the circumstances considering the various alternatives
			 available for this purpose, the comparative costs to the department of
			 utilizing each of those alternatives, and the harm suffered by affected persons
			 from any lack of notice concerning the contents of the rule prior to its
			 indexing and publication. The means that may be used for providing notice of
			 such rules prior to their indexing and publication include, but are not limited
			 to, any one or more of the following means: radio, newspaper, television,
			 signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b"
(3) shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				4.15(2).
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The department shall
			 maintain an official, current, and dated compilation that is indexed by
			 subject, containing all of its general statements of policy within the scope of
			 Iowa Code section
			 17A.2(10)
"a, " "c, " "f, " "g, " "h, " "k.
			 "
Each addition to, change in, or deletion from the official
			 compilation must also be dated, indexed, and a record thereof kept. Except for
			 those portions containing rules governed by Iowa Code section
			 17A.2(7)
"f, "
or otherwise
			 authorized by law to be kept confidential, the compilation must be made
			 available for public inspection and copying.
(2)
Enforcement of requirements.
			 A
general statement of policy subject to the requirements of this
			 subsection shall not be relied on by the department to the detriment of any
			 person who does not have actual, timely knowledge of the contents of the
			 statement until the requirements of subrule 4.16(1) are satisfied. This
			 provision is inapplicable to the extent necessary to avoid imminent peril to
			 the public health, safety, or welfare.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 4 - Department Procedure for Rule Making › Rule 221-4.17 - Review by Department of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 interested person, association, agency, or political subdivision may submit a
			 written request to the administrative rules coordinator requesting the
			 department to conduct a formal review of a specified rule. Upon approval of
			 that request by the administrative rules coordinator, the department shall
			 conduct a formal review of a specified rule to determine whether a new rule
			 should be adopted instead or the rule should be amended or repealed. The
			 department may refuse to conduct review if it has conducted such a review of
			 the specified rule within five years prior to the filing of the written
			 request.
(2) In conducting the
			 formal review, the department shall prepare within a reasonable time a written
			 report summarizing its findings, its supporting reasons, and any proposed
			 course of action. The report must include a concise statement of the
			 department's findings regarding the rule's effectiveness in achieving its
			 objectives, including a summary of any available supporting data. The report
			 shall also concisely describe significant written criticisms of the rule
			 received during the previous five years, including a summary of any petitions
			 for waiver of the rule received by the department or granted by the department.
			 The report shall describe alternative solutions to resolve the criticisms of
			 the rule, the reasons any were rejected, and any changes made in the rule in
			 response to the criticisms as well as the reasons for the changes. A copy of
			 the department's report shall be sent to the administrative rules review
			 committee and the administrative rules coordinator The report must also be
			 available for public inspection.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.1 - Program Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the Iowa community cultural grants (ICCG) is to
				provide a program of grants to cities, county governments, tribal councils and
				nonprofit, tax-exempt community groups to support the development of community
				programs which provide jobs for local lowans while promoting Iowa's cultural,
				ethnic, and historical heritages, through the development of festivals, music,
				drama, cultural programs, historic restorations, and tourism
				projects.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.2 - Program Description

Current through Register Vol. 47, No. 3, July 24, 2024
The ICCG program shall operate as a competitive grants program
				administered by the department under the direction of the director or designee.
				Iowa cities, county governments, tribal councils and nonprofit, tax-exempt
				community groups may make application to the department which will approve or
				disapprove all submissions based upon published criteria. The ICCG program
				shall provide funding to successful applications, subject to local matching
				funds provisions and contractual terms as set forth in an agreement between the
				department and any successful grant recipient.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.4 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
All ICCG inquiries and correspondence, including the submission
				of completed application forms for consideration of funding, shall be addressed
				to the Department of Cultural Affairs, 600 E. Locust Street, Des Moines, Iowa
				50319, telephone (515)242-6194. All applications shall be submitted according
				to the department's published guidelines. Handwritten, out-of-date, or
				telefacsimile applications shall not be accepted. All applications submitted
				shall be reviewed by the advisory committee, with the advisory committee's
				recommendations for grantees and grant awards being submitted to the director
				or designee who shall determine final grantees' awards to the extent funds are
				available.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.5 - Review Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
Review criteria shall include the following minimum
				criteria:
1. The historical, ethnic,
			 cultural, and tourism value and quality of the proposed project;
2. The number and impact of full- and
			 part-time employment for lowans created by the proposed project;
3. The degree of collaboration with other
			 interested entities;
4. The
			 financial need of the applicant for the proposed project; and
5. The appropriateness of the project budget.
Additional review criteria are as listed in the published
				project guidelines.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.6 - Award Amounts

Current through Register Vol. 47, No. 3, July 24, 2024
Grant awards shall be made from $1,000 at a minimum to $25,000
				at a maximum. The director reserves the right not to grant all appropriated
				funds if there is an insufficient number of applications submitted to
				adequately achieve the purposes of the Act as defined in rule
				221-6.1
				(303).
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.8 - Contractual Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
The department and each successful grantee shall enter into a
				contractual agreement prior to the expenditure of project-related funds. No
				grant or matching funds may be obligated or expended for the project prior to
				the execution of the contractual agreement by the department and the grantee. A
				grantee must expend all awarded funds within the fiscal year named in the
				contractual agreement.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.9 - Auditing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The department reserves the right to request an audit of the
				expenditures of any ICCG-funded project at the expense of the grantee and may
				also require the grantee to submit copies of expense documentation prior to or
				in support of a reimbursement claim.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 6 - Iowa Community Cultural Grants (ICCG) Program › Rule 221-6.10 - Informal Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
An informal appeals process shall be made available only to
				applicants whose applications were declined on procedural impropriety or error
				as evidenced by one or more of the following reasons:
1. Application declined on the basis of
			 review criteria other than those appearing in rule or relevant
			 guidelines;
2. Application declined
			 based on influence of the advisory committee willfully failing to disclose
			 conflicts of interest;
3.
			 Application declined based upon highly erroneous information provided by staff
			 or advisory committee members at the time of the review despite the fact that
			 the applicant provided the department with accurate and complete information on
			 regulation forms as part of the standard application process. Incomplete,
			 ineligible, or applications failing to meet the annual deadline are
			 specifically denied any appeals process. All requests for appeals shall be made
			 in writing and shall be hand-delivered or bear a U.S. Postal Service postmark
			 within 30 days of notification of the decision. The director shall consider and
			 rule on the appeal and will notify the appellant in writing of the decision
			 within 30 days from the receipt of the appeal. The decision of the director is
			 final except as provided for in Iowa Code sections
			 17A.19 to
			 17A.20.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 7 - Museum Property › Rule 221-7.2 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Effective July 1,1991, the following forms are provided
				pursuant to Iowa Code chapter 305B:
1.
			 Notice of injury to or loss of property on loan;
2. Notice of conservation of loaned
			 property;
3. Notice of intent to
			 terminate a loan; and
4. Notice of
			 intent to preserve an interest in property on loan.
Copies of the forms may be obtained from the Director,
				Department of Cultural Affairs, Capitol Complex, Des Moines, Iowa 50319;
				(515)281-6078. Inquiries may be addressed to the same
				location.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 7 - Museum Property › Rule 221-7.3 - Title to Undocumented Property

Current through Register Vol. 47, No. 3, July 24, 2024
A museum may acquire title to undocumented property held for
				seven years or longer if no valid claim or contact is made by any person in
				accordance with Iowa Code sections 303B.7 and 303B.9 and
				221-7.2 (305B), Iowa
				Administrative Code. A museum may declare acquisition of legal title to
				undocumented property following the museum's completion of all notifications
				specified in Iowa Code sections
				305B.3
				to
				305B.6,
				305B.8
				and
				305B.9.
				The notification shall consist of a written notice to the last known contact,
				if a contact is known; posting of a notice of the proposed action in a publicly
				accessible place in the institution, and publication of a legal notice in a
				newspaper of record in the state with a 30-day waiting period. This
				notification must contain substantially the following information as provided
				by Iowa Code section 303B.9(3): "The records of (name of museum) fail to
				indicate the owner of record of certain property in its possession. The museum
				intends to acquire title to the below described property: (general description
				of the property). If you claim ownership or other legal interest in this
				property you must contact the institution, establish your ownership of the
				property pursuant to Iowa Code section
				305B.8
				and make arrangements to collect the property. If you fail to do so promptly,
				you will be considered to have waived any claim you may have had to the
				property."
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The cultural leadership partners program provides multiyear,
				general operating budgetary support to major arts and cultural organizations
				which demonstrate an exemplary record of cultural and managerial excellence and
				community service on a continuing basis to the citizens of
				Iowa.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context otherwise
				requires:
"Application "
means a formal request on
				prescribed forms for funds available through this program.
"Arts organization "
means an eligible
				organization whose primary mission, purpose, and services are centered in the
				arts.
"CLP"
means the cultural leadership partners
				program.
"CLP coordinator "
means the department staff
				member assigned as the primary contact person for the CLP program.
"Cultural organization "
means an eligible
				organization with a primary mission and purpose that is cultural in nature; the
				cultural organization must operate as a museum, botanical center, zoo, or
				center for the performing arts.
"Department"
means the department of cultural
				affairs.
"Director"
means the director of the
				department of cultural affairs.
"Eligible organization"
means an Iowa arts or
				cultural organization that meets the criteria for eligibility described in
				published guidelines. "Eligible organization" shall not include an organization
				that uses a fiscal agent or the Iowa nonprofit or federal tax-exempt status of
				another organization; an organization that receives general operating support
				through other programs administered by the department of cultural affairs or
				its divisions; a for-profit corporation or business, religious organization,
				political party, or national service/professional organization; an agency,
				department or division of county, state or federal government, including
				libraries, parks, and recreation departments; an auditorium, convention center
				or similar venue; or an educational institution, organization or PK-12 school,
				whose primary orientation, mission and purpose are education and the awarding
				of academic credits.
"End-of-year report"
means a report submitted
				to the department following the end of a partner organization's operating year,
				detailing financial, operational, and programming data of the partner
				organization.
"Evaluation team "
means a team of up to four
				individuals appointed by the director who have knowledge and expertise relevant
				to the arts or cultural applicant organization being evaluated for acceptance
				into the CLP program.
"Matching funds "
means nonstate and
				nonfederal funds equal to or in excess of the grant award.
"Partner organization "
means any eligible
				applicant that has been accepted by the director into the cultural leadership
				partners program.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.3 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
Eligibility requirements are according to published program
				guidelines. Eligible organizations must meet all eligibility requirements of
				this program for the applicant's three previous operating years prior to the
				application deadline. Organizations receiving funding through this program must
				continue to meet all eligibility requirements annually to continue to receive
				funding.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.4 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure.
All applications shall be submitted on official
			 application forms available from the department of cultural affairs. Procedures
			 for review of applications are according to published guidelines.
(2)
Application deadline.
Applications will be accepted from eligible organizations every three years
			 according to published guidelines.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.5 - Matching Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Eligible organizations whose cash operating budgets include
				nonstate and nonfederal funds equal to or in excess of the grant award shall be
				determined to have met the matching requirements for this program. Grant funds
				from the department or its divisions shall not be used as matching funds for
				this program.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.6 - Evaluation Team

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall appoint an evaluation team of up to four
				individuals to review each eligible organization's application and recommend
				approval for funding under the guidelines of this program. The members of the
				evaluation team shall serve until the review process for the applicant
				organization is completed. The evaluation team shall consist of representatives
				with knowledge and expertise pertinent to the types of organizations eligible
				for the cultural leadership partners program. The committee evaluation team
				shall be comprised of members who are not employed by an applicant and who do
				not serve on a board, council, or commission of an applicant, with or without
				compensation.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.7 - Application Review and Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure.
a. Each application shall be screened by the
			 CLP coordinator for eligibility and completeness. Incomplete or ineligible
			 applications or applications received after the deadline shall not be
			 considered for funding.
b. The
			 evaluation team shall evaluate all applications eligible for consideration and
			 make recommendations for funding to the director
c. Final decisions, certification of grant
			 awards, and acceptance into the CLP program shall be determined by the
			 director
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.8 - Grant Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contracts.
a. Upon
			 certification by the director that an applicant organization is approved to
			 become a CLP partner, the department shall enter into a contract with the
			 organization. The contract shall state the dates, terms, and conditions of the
			 grant award, as well as the amount of the award. When allocating awards to
			 cultural leadership partners, the director shall first ensure that funds are
			 available to meet obligations to existing partners before entering into any
			 contracts with new partner organizations.
b. All contracts shall be approved by the
			 director and the legally responsible officer of the partner
			 organization.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 8 - Cultural Leadership Partners (CLP) Program › Rule 221-8.9 - Informal Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Eligible
			 applicants or partner organizations may informally appeal a decision of the
			 department not to grant CLP funds on any of the following bases:
a. Action was outside of the statutory
			 authority;
b. Decision was
			 influenced by a conflict of interest;
c. Action violated state law, administrative
			 rules, or policy;
d. Insufficient
			 public notice was given; and
e.
			 Alteration of the review and certification processes was detrimental to the
			 applicant.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of cultural and entertainment districts is to
				encourage city and county governments, organizations, businesses, and
				individuals to enhance the quality of life for citizens of this state and
				enrich local economies through developing and sustaining cultural facilities in
				a synergetic fashion. Certified cultural and entertainment districts will
				receive technical assistance from the department's staff, will be eligible for
				certain incentives, and may have professional services of other state agencies
				to draw upon in order to facilitate the local program.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Certified cultural and entertainment
				district"
means a cultural and entertainment district that has been
				certified by the Iowa department of cultural affairs pursuant to these rules. A
				certified cultural and entertainment district must be a well-defined, compact,
				contiguous geographic area that includes both residential and commercial
				property and a high concentration of cultural facilities. Only certified
				cultural and entertainment districts are eligible for the incentives set forth
				in these rules.
"Cultural and entertainment district"
means a
				well-recognized, labeled, compact mixed-use area in which a high concentration
				of cultural facilities serves as the anchor
"Cultural facilities "
are physical and
				cultural assets that play a vital role in the life and development of the
				community and contribute to the public through interpretive, educational, and
				recreational uses, including but not limited to museums, libraries, performance
				halls, studios, galleries, arts-related retail shops, music or media production
				houses, arboreta, and artist live/work spaces.
"Department"
means the Iowa department of
				cultural affairs.
"Director"
means the director of the Iowa
				department of cultural affairs.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.3 - Eligible Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
All applicants shall represent a public-private
				partnership.
(1)
Public
			 element of partnership.
All cities and counties are eligible to serve
			 as the public component of the partnership. Two or more cities or counties may
			 apply jointly for certification of a district that extends across a common
			 boundary.
(2)
Private
			 element of partnership. A
local community organization (nonprofit or
			 for-profit) is eligible to serve as the private component of the
			 partnership.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.4 - Program Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administering agency.
The cultural and entertainment district
			 certification program will be administered by the Iowa department of cultural
			 affairs.
(2)
Advisory
			 committee.
The director shall appoint a cultural and entertainment
			 district advisory committee composed of individuals knowledgeable in subjects
			 including but not limited to historic preservation, arts, tourism, and economic
			 development to advise the director on the various elements of the program. The
			 advisory committee shall have nine members who serve three-year staggered
			 terms. At least one member will be a representative from the Iowa department of
			 economic development.
(3)
Request for proposals (RFP).
The department will distribute a
			 request for proposals that describes the cultural and entertainment district
			 certification program, outlines eligibility requirements, and includes an
			 application and a description of the application procedures.
(4)
Applications.
The
			 department shall develop and make available a standardized application
			 pertaining to the certification of cultural and entertainment districts.
			 Applications may be obtained by contacting the Historic Preservation Bureau,
			 Department of Cultural Affairs, Historical Building, 600 East Locust Street,
			 Des Moines, Iowa 50319-0290; telephone (515)242-6152;
www.culturalaffairs.org
.
(5)
Deadline.
A completed
			 application shall be returned to the department, postmarked no later than the
			 date specified by the department in the RFP, and shall contain the information
			 requested in the application.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.5 - Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 shall establish criteria for the selection of cultural and entertainment
			 districts for certification. The following factors shall be considered:
a. Management structure.
b. Presence of cultural assets.
c. Level of community support.
d. Local incentives.
e. Plan for developing and sustaining the
			 district.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.6 - Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timing.
At least annually, the director will announce the
			 certification of cultural and entertainment districts. If no new certifications
			 have been issued, the director will so state.
(2)
Compliance.
Certified
			 cultural and entertainment districts must submit an annual report to the
			 department. Continued certification is contingent upon acceptable performance.
			 The department may amend, suspend, or terminate certification for reasons that
			 may include, but are not limited to, a consistent failure to report, a
			 dissolution of the management structure, or a significant deviation from the
			 plan for cultural development.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.7 - Incentives

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall encourage development projects and
				activities located in certified cultural and entertainment districts through
				incentives.
(1) Owners of property
			 located in certified cultural and entertainment districts may request tax
			 benefits for substantial rehabilitation work on historic buildings. Property
			 owners desiring these tax benefits shall make application under 223-Chapters 47
			 and 48 and shall comply with all requirements therein.
(2) The department shall provide incentives
			 under cultural grant programs administered by the department. Specific
			 incentives may be reflected in the application instructions for each grant
			 program.
(3) Additional incentives
			 may from time to time be offered by the department, other state agencies, and
			 other organizations.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 9 - Cultural and Entertainment Districts › Rule 221-9.8 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Eligible applicants may informally appeal a decision of the
				director not to certify a cultural and entertainment district on any of the
				following bases:
1. Action was outside
			 statutory authority;
2. Decision
			 was influenced by a conflict of interest;
3. Action violated state law, administrative
			 rule, or written policy;
4.
			 Insufficient public notice was given; and
5. Alteration of the review process was
			 detrimental to the applicant.
Informal appeals shall be submitted in writing within 15 days
				of the notice of denial. All informal appeals shall be directed to the
				Director, Department of Cultural Affairs, Historical Building, 600 East Locust
				Street, Des Moines, Iowa 50319-0290. All informal appeals shall contain the
				facts of the case, argument in favor of the appeal, and remedy sought.
The director shall consider and rule on the informal appeal
				after receiving all documentation from the appellant and shall notify the
				appellant in writing of the decision within 30 days. Decisions by the director
				may be appealed through the contested case process as set out in Iowa Code
				sections 17A. 10 to 17A.19.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 13 - Cultural and Entertainment Districts › Rule 221-13.2 - Program Description

Current through Register Vol. 47, No. 3, July 24, 2024
"Certified cultural and entertainment
				district"
means a cultural and entertainment district that has been
				certified by the Iowa department of cultural affairs pursuant to these rules. A
				certified cultural and entertainment district must be a well-defined, compact,
				contiguous geographic area that includes both residential and commercial
				property and a high concentration of cultural facilities. Only certified
				cultural and entertainment districts are eligible for the incentives set forth
				in these rules.
"Cultural and entertainment district"
means a
				well-recognized, labeled, compact mixed-use area in which a high concentration
				of cultural facilities serves as the anchor
"Cultural facilities "
are physical and
				cultural assets that play a vital role in the life and development of the
				community and contribute to the public through interpretive, educational, and
				recreational uses, including but not limited to museums, libraries, performance
				halls, studios, galleries, arts-related retail shops, music or media production
				houses, arboreta, and artist live/work spaces.
"Department"
means the Iowa department of
				cultural affairs.
"Director"
means the director of the Iowa
				department of cultural affairs.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 13 - Cultural and Entertainment Districts › Rule 221-13.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions shall apply when used in this chapter
				unless otherwise noted:
"Application" means an of ficial cultural trust grant
				application form as provided by the department.
"Arts or ganization" means an eligible or ganization with the
				arts as its primary mission and purpose. The or ganization must operate as an
				arts or ganization, including but not limited to an art museum, performing
				arts-producing or ganization, or community arts agency.
"Boar d" means the board of trustees of the Iowa cultural
				trust, as provided in Iowa Code section
				303A.5.
"Cash match" means funds that are locally contributed for a
				cultural trust grant project. Matching funds shall be provided by the eligible
				applicant and shall not include any portion of another department of cultural
				af fairs, Iowa arts council, or state historical society of Iowa grant.
"Cultural or ganization" means an eligible or ganization with
				culture, the sciences or humanities as its primary mission and purpose. The or
				ganization must operate as a cultural or ganization, including but not limited
				to a cultural center , civic arts-presenting venue, botanical center , science
				museum, children' s museum, arboretum, or zoo. "Department" means the Iowa
				department of cultural af fairs (DCA).
"Dir ector" means the director of the department of cultural af
				fairs or the director ' s designee.
"Endowment" means a collection of funds, typically invested in
				long-term assets that produce income for an or ganization. Generally , the
				endowed asset is kept intact, and a portion of the income generated by it is
				used by the or ganization for operational costs.
"Grantee" means any applicant receiving grant funds under a
				cultural trust grant program.
"Grant review panel" means a group of at least three
				individuals with knowledge of cultural or ganizations, nonprofit best
				practices, and strategic planning who review grant applications according to
				the published criteria, with the responsibility to make funding recommendations
				to the board.
"Historical or ganization" means an eligible or ganization with
				history as its primary mission and purpose. The or ganization must operate as
				an historical or ganization, including but not limited to an historical museum,
				interpretive center , historical society , historical library or archival
				repository.
"Trust fund cr edits" means moneys raised by Iowa nonprofit
				arts, cultural and historical or ganizations to increase the amount of their
				endowments and other resources, as reported to the department.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 13 - Cultural and Entertainment Districts › Rule 221-13.4 - Trust Fund Credits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Annually ,
			 the director shall certify to the state treasurer the trust fund credits gained
			 by Iowa arts, cultural, and historical or ganizations in the previous year.
(2) Criteria. In determining trust
			 fund credits, the director shall:
a. Review
			 reports from major arts, cultural, and historical or ganizations to determine
			 the amount which has been given to their endowments in the previous year.
b. Review final reports from
			 departmental grants to determine the amount of cash match contributed to
			 granted projects in arts, cultural, and historical or ganizations. Cash match
			 amounts indicate nonpublic support provided to or ganizations.
Iowa Administrative Code › Agency 221 - Cultural Affairs Department › Chapter 13 - Cultural and Entertainment Districts › Rule 221-13.5 - Cultural Trust Grant Programs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Grant pr ogram eligibility. Applicants may include any arts, cultural, or
			 historical or ganization that is either an Iowa or ganization that is federally
			 tax-exempt under United States Internal Revenue Code Section 501(c)(3) and
			 incorporated under the Iowa nonprofit corporation Act or an Iowa or ganization
			 that operates as an arts, cultural, or historical department or division of a
			 municipal or county government (does not include public libraries, parks, or
			 recreation departments). Additional eligibility criteria are as listed in
			 published guidelines for individual grant programs.
(2) Ineligible applicants. The following
			 entities are not eligible to apply for cultural trust grants:
a. Any individual.
b. An entity of federal or state government.
c. An or ganization applying
			 through a fiscal agent.
d. An or
			 ganization with an outstanding late final report to the department or any of
			 its divisions.
e. A public
			 (nonhistorical/cultural) library , park, or recreation center.
f. A for -profit corporation or business.
g. A religious or ganization,
			 labor union, political party , or national service/professional or ganization.
h. An educational institution, or
			 ganization, or K-12 school, whose primary orientation, mission, and purpose is
			 education and the awarding of academic credits.
i. An or ganization that has already received
			 funding for the same project from another department grant program.
Iowa Administrative Code › Agency 222 - Arts Division › Chapter 1 - Organization and Operation › Rule 222-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions of terms listed in Iowa Code section 17A.2 shall apply for terms as they are used throughout 222-Chapters 1 to 13. In addition, as used in 222-Chapters 1 to 13, the following definitions shall apply:
"Administrator"
means the administrator of the arts division of the department of cultural affairs.
"Advisory panel"
means a group of citizens appointed by the administrator to assist in any aspect of arts division programs or services.
"Applicant"
means an incorporated city, county government, tribal council, or community group in Iowa or in a border city which is incorporated under the Iowa nonprofit corporation Act and which is federally tax-exempt; or an individual artist who is a legal resident of Iowa or a border city.
"Application "
means a formal request, using arts division forms, for a grant or artist approval from an eligible applicant.
"Arts division"
means the arts division of the department of cultural affairs.
"Border city"
means a municipality with boundaries directly adjacent to one or more borders of the state of Iowa.
"Cash match "
means the amount of actual cash provided by a recipient as part of the recipient's share of a project.
"Council"
means the Iowa arts council.
"Department"
means the department of cultural affairs.
"Director"
means the director of the department of cultural affairs.
"Fiscal agent"
means an organization that meets the definition of applicant and that administers grant funds for an organization which has not yet received its tax-exempt status.
"In-kind match "
means donated goods and services provided by a recipient as part of the recipient's share of a project.
"Juried resource "
means a printed or electronically produced resource of the arts division in which applicants are reviewed and recommended for inclusion in the resource by an advisory panel.
"Matching funds "
means the program or project cost which shall be provided by the recipient either in kind or in cash.
"Project"
means an eligible activity for which an organization or individual has submitted an application for grant funds for arts division approval.
"Recipient"
means any applicant receiving funds from the arts division.
"Reviewer "
means any individual appointed by the administrator to review applications to a grant program or arts division project.
"Support materials"
means information submitted as supplemental to the formal application form.
Iowa Administrative Code › Agency 222 - Arts Division › Chapter 1 - Organization and Operation › Rule 222-1.3 - Location

Current through Register Vol. 47, No. 3, July 24, 2024
The office of the Iowa arts council is located at the State Historical Building, 600 East Locust Street, Des Moines, Iowa 50319-0290. Regular office hours are 8 a.m. to 4:30 p.m., Monday through Friday, state holidays excepted. The telephone number is (515)281-8741. The Internet Web address is
www.iowaartscouncil.org
.
Iowa Administrative Code › Agency 222 - Arts Division › Chapter 1 - Organization and Operation › Rule 222-1.4 - Council Statement on Freedom of Expression

Current through Register Vol. 47, No. 3, July 24, 2024
The council adopts the following mission statement regarding freedom of expression:
"The mission of the Iowa arts council is to advance the arts in Iowa for the benefit of all. Support of free speech is the centerpiece of this mission. The council is an advocate for and defender of the right of free speech by all citizens under the First Amendment of the Constitution of the United States.
"The council recognizes the need for public support of the arts and understands the responsibilities that accompany the allocation of public funds. The council seeks the advice of qualified lowans through the use of advisory panels for funding recommendations. The council is committed to uphold and maintain the highest artistic standards and to encourage excellence in the arts.
"The council respects the integrity of an artist's personal vision and right to freedom of expression. The council rejects all attempts to control or censor the arts. Recognizing the diversity of viewpoints represented by Iowa communities, the council supports freedom of choice and access to the arts by all citizens."
Iowa Administrative Code › Agency 222 - Arts Division › Chapter 2 - Operating and Granting Policies › Rule 222-2.2 - Operating Policies

Current through Register Vol. 47, No. 3, July 24, 2024
The following operating policies shall apply to arts division programs and services except where noted:
(1)  Annually, the administrator appoints advisory panels or reviewers to assist in any aspect of arts division administration, programs, or services. The arts division shall accept nominations from the general public of qualified individuals to serve in these capacities.
(2)  Recommendations of advisory panels or reviewers on any aspect of administration or programs constitute advice and shall not be binding on the director. In the case of grants, final awarding authority rests with the director or the director's designee.
(3)  The arts division shall provide information on arts activities in Iowa to the general public and may charge a fee for the dissemination of such information. Individuals and organizations may request a copy of information collected and maintained by the arts division.
(4)  Organizations or individuals requesting information may be charged for time and materials used in producing lists or reports. A list of fees for services is available from the arts division upon request.
Iowa Administrative Code › Agency 222 - Arts Division › Chapter 3 - Operational Support Partnership Program for Major Arts Organizations › Rule 222-3.1 - Operational Support Partnership Program for Major Arts Organizations

Current through Register Vol. 47, No. 3, July 24, 2024
The arts division awards three-year funding support for the general operational expenses of major arts organizations with an exemplary track record of artistic and managerial excellence and community service to the citizens of Iowa.