reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 400 - OREGON CHIPS PROGRAM › Section 123-400-0090 - Revenue and Employment Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agreement
			 shall specify whether fulfilment of program requirements to avoid repayment of
			 program grant or loan proceeds is primarily determined by satisfaction of
			 section 1(4)(e) or 1(4)(f), chapter 25, Oregon Laws 2023, namely:
(a) by fulfilling the required return on
			 investment ("ROI") in terms of state and local revenue associated with the
			 project and respective to the amount of program grant or loan proceeds received
			 by the business; or
(b) by
			 fulfilling the creation of qualifying new jobs in Oregon associated with the
			 project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 400 - OREGON CHIPS PROGRAM › Section 123-400-0100 - Oregon CHIPS Fund

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the disbursement of program grants and loan
				proceeds or other purposes allowable under sections 1 to 6, chapter 25, Oregon
				Laws 2023, moneys from the Fund may be used, as determined by the Governor or
				the Department, to pay for:
(1)
			 Administrative costs including but not limited to:
(a) Issuing application materials, as well as
			 education about the process;
(b)
			 Processing and reviewing applications;
(c) Drafting and negotiating agreements and
			 application assistance grants;
(d)
			 Implementing reporting and compliance procedures, including but not limited to
			 accounting for and estimating State and Local Revenue;
(e) Managing grant or loan awards from
			 initiation to closing;
(f)
			 Conducting enforcement activities for Program noncompliance, including
			 repayment collection activities; and
(g) Procuring consulting, legal or other
			 services for conducting the activities described in this section.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 400 - OREGON CHIPS PROGRAM › Section 123-400-0110 - Records and Data Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Data or
			 information regarding a Business or Project in Agreements, applications,
			 semiannual reports, or related materials or communications provided to the
			 Department or Governor will be public records subject to disclosure, except for
			 information that qualifies as a public records exemption under ORS
			 192.311 to
			 192.478 (Oregon Public Records
			 Law).
(2) Section (1) of this rule
			 applies notwithstanding a nondisclosure agreement, but such an agreement may
			 nevertheless spell out data or information anticipated to be exempt under the
			 Oregon Public Records Law, including but not limited to trade secrets or
			 confidential information under ORS
			 192.355(4), as
			 may facilitate obligations under section (3) of this rule.
(3) When providing items referenced in
			 subsection (1) of this rule, it is the Business's, its agent' or its
			 representatives' responsibility to mark data and information that legitimately
			 and specifically qualify for an exemption from disclosure. To designate an item
			 or portion of one as exempt from disclosure, the Business shall clearly
			 identify with words such as "CONFIDENTIAL - DO NOT DISCLOSE" or other words to
			 the same effect in the body of the Agreement, application, report and other
			 materials only the limited data or information exempt, including but not
			 limited to before and after January 1, 2027, for trade secrets under ORS
			 646.461(4) and
			 section 2(3), chapter 25, Oregon Laws 2023;
(4) Notwithstanding section (3) of this rule,
			 a Business's failure to mark a submission or portion of a submission, shall not
			 be conclusive evidence as to whether a submission was submitted in confidence
			 or is subject to disclosure.
(5)
			 The Department shall determine whether a submission, data or any information is
			 actually exempt from disclosure and will redact from disclosure only that data
			 or information.
(6) Businesses are
			 advised to consult with legal counsel regarding disclosure issues. Businesses
			 may wish to limit the amount of truly trade secret or other data or information
			 provided only to what is necessary.
(7) If the Department is subject to a
			 disclosure order or receives from a third party any public records requests for
			 the disclosure of submissions or portions of a submission, the Department shall
			 notify the Business of the request or disclosure order. The Department will not
			 disclose submissions or portions of a submission for 10 days after the notice.
			 The Department will make reasonable efforts to provide the Business the
			 proposed response.
Statutory/Other Authority: ORS
				  285A.075 & OR Laws 2023 ch.
				  25 §§1-6
Statutes/Other Implemented: OR Laws 2023 ch. 25
				  §§1-6
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 400 - OREGON CHIPS PROGRAM › Section 123-400-0110 - Records and Data Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Data or
			 information regarding a Business or Project in Agreements, applications,
			 semiannual reports, or related materials or communications provided to the
			 Department or Governor will be public records subject to disclosure, except for
			 information that qualifies as a public records exemption under ORS
			 192.311 to
			 192.478 (Oregon Public Records
			 Law).
(2) Section (1) of this rule
			 applies notwithstanding a nondisclosure agreement, but such an agreement may
			 nevertheless spell out data or information anticipated to be exempt under the
			 Oregon Public Records Law, including but not limited to trade secrets or
			 confidential information under ORS
			 192.355(4), as
			 may facilitate obligations under section (3) of this rule.
(3) When providing items referenced in
			 subsection (1) of this rule, it is the Business's, its agent' or its
			 representatives' responsibility to mark data and information that legitimately
			 and specifically qualify for an exemption from disclosure. To designate an item
			 or portion of one as exempt from disclosure, the Business shall:
(a) Clearly identify in the body of the
			 Agreement, application, report and other materials only the limited data or
			 information exempt, including but not limited to before and after January 1,
			 2027, for trade secrets under ORS
			 646.461(4) and
			 section 2(3), chapter 25, Oregon Laws 2023;
(b) Stipulate the Oregon Public Records Law
			 exemption(s) that the Business believes apply; and
(c) Provide justification for how each
			 identified portion meets that exemption's criteria.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 450 - OREGON ARTS PROGRAM GRANTS › Section 123-450-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commission"
			 means the Oregon Arts Commission.
(2) "Executive Director" means the
			 administrator of the Arts Program of the Oregon Business Development
			 Department.
Stat. Auth.: ORS 359
Stats. Implemented: ORS
				  359
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 450 - OREGON ARTS PROGRAM GRANTS › Section 123-450-0010 - Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Receipt of
			 Funds. The Commission may receive from state, federal, or local governments or
			 from the community at large, funds for use by the Commission for its own
			 programs or disbursements deemed worthy by the Commission within the
			 restrictions provided by law.
(2)
			 Purposes and Goals. With funds available to the Commission for such purposes,
			 the Commission may from time to time, on application, approve and disburse
			 grants to encourage and support artistic endeavor in all disciplines and to
			 insure as feasible that the cultural resources of the state are made available
			 to all. In the grant process, the Commission should consider the following
			 goals:
(a) To support and promote excellence
			 in the arts in Oregon;
(b) To make
			 artistic activities of high quality available to all;
(c) To disseminate information about arts and
			 cultural activities in the state, and about resources for the arts that are
			 available, both regionally and nationally;
(d) To assist Oregon artists who contribute
			 to its economic and cultural development;
(e) To encourage and aid the development of
			 regional and local councils and organizations that promote cultural development
			 and provide arts related services to the community.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to:
(1) Establish procedures for acquisition of
			 works of art in an amount of 1% of direct construction costs of any project for
			 the construction or alteration of any State Building in an amount of $100,000
			 or more.
(2) Promote placement of
			 visual art of the highest quality where it can be easily viewed by the general
			 public.
(3) Utilize the talent of
			 artists and craftspeople.
(4)
			 Preserve, encourage, and promote public awareness and understanding of the
			 arts.
Stat. Auth.: ORS
				  359.025,
				  359.142
Stats. Implemented: ORS
				  276.073 -
				  276.090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in these rules have the same meaning
				given them in ORS 276.073. In addition, as used in
				these rules, unless the context requires otherwise:
(1) "Architect" means the person or firm
			 (architect, landscape architect, interior designer, or other design
			 professional) designing the project to which the 1% provision
			 applies.
(2) "Artist" means a
			 practitioner in the visual arts, generally recognized by critics and peers as a
			 professional of serious intent, who produces Works of Art and who is not the
			 Project Architect.
(3) "Capitol
			 Area" means the area defined in ORS
			 276.028.
(4) "Contracting Agency" means the state
			 agency authorized by law to enter into public contracts.
(4) "Deaccession" means removal of a work of
			 art from the public collection as described in OAR 190-020-0080.
(5) "Designated Agencies" means the Oregon
			 Arts Commission, Department of Administrative Services and, for project located
			 outside of the Capitol Area, the Contracting Agency.
(6) "Program" means the 1% for art program
			 described in ORS 276.073 to
			 276.090.
(7) "Project" means the construction or
			 alteration of a State Building that costs $100,000 or more.
(8) "Resident Agency means the state agency
			 or agencies that will occupy or otherwise use State Building. The Resident
			 Agency may be the Contracting Agency.
(9) "State Building" means any structure
			 built or remodeled by the State of Oregon using legislatively appropriated
			 monies except those excluded in the definition of state building in ORS
			 276.073. "State Building" does
			 not include a building leased by a state agency, unless under a lease-purchase
			 agreement or under any other agreement whereby ultimate state ownership is
			 contemplated or expected.
(10)
			 "Works of Art" means all forms of original creations of visual art, including
			 and not limited to:
(a) Painting: all media,
			 including both portable and permanently-affixed works such as murals.
(b) Sculpture: in the round,
			 bas-relief, high relief, mobile, fountain, kinetic, electronic, and site
			 specific works placed on public lands in any material or combination of
			 materials.
(c) Visual art
			 comprising other two- and three- dimensional media including but not limited to
			 prints, clay, drawings, stained glass, mosaics, photography, fiber and
			 textiles, wood, metal, plastics and other materials or combination of
			 materials, calligraphy, mixed media, film, video, or any combination of forms
			 of media and documented time-based works or installations.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0010 - Overview of Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Arts Commission coordinates the Program. All Oregon State agencies, upon
			 legislative approval of construction budgets, must notify the Oregon Arts
			 Commission in writing of construction budgets or appropriations approved by the
			 Legislative Assembly for any State Building. Upon written authorization by the
			 Oregon Arts Commission, Oregon Arts Commission staff will meet with the
			 Contracting Agency to plan the art selection process.
(2) Each Project will have its own Selection
			 Committee. The Selection Committee is appointed in accordance with, and carries
			 out the functions described in OAR 190-020-0015.
(3) Title for all Works of Art acquired
			 pursuant to ORS 276.073 to
			 276.090 shall be in the name of
			 the state on behalf of the Contracting Agency or Resident Agency, as determined
			 by the Department of Administrative Services and the Contracting Agency, if the
			 Contracting Agency is an agency other than the Department of Administrative
			 Services.
(4) Works of Art in the
			 state collection are insured by the State Insurance Fund, through the
			 Department of Administrative Services Risk Management Division.
Stat. Auth.: ORS
				  359.025,
				  359.142
Stats. Implemented: ORS
				  276.073 -
				  276.090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0012 - Public Art Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Arts Commission may establish a Public Art Advisory
				Committee consisting of two Oregon Arts Commissioners and up to seven arts
				professionals designated by the Oregon Arts Commission. The Oregon Arts
				Commission may use the Public Art Advisory Committee to make recommendations
				regarding general policies of the Program. The Public Art Advisory Committee
				will serve as a review panel for creation of a Roster of Prequalified Artists,
				may nominate and review artists for consideration by individual Art Selection
				Committees, and will serve as a review panel for Relocation or Deaccession
				requests. The Public Art Advisory Committee will not make selections for
				individual Program projects.
Stat. Auth.: ORS
				  359.025,
				  359.142
Stats. Implemented: ORS
				  276.073 -
				  276.090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0013 - Prequalified Artist Roster

Current through Register Vol. 63, No. 7, July 1, 2024
Experienced and talented artists may be prequalified by the
				Oregon Arts Commission for Program projects. The Oregon Arts Commission
				publishes a prospectus inviting applications. The Public Art Advisory Committee
				serves as the review panel and makes recommendations to the Oregon Arts
				Commission for inclusion on the Prequalified Artists Roster. Applications may
				be filed at any time. All artists must reapply at the end of each three-year
				cycle. The Roster is available to serve as a resource for other public art
				programs, architecture firms and others seeking artists for
				projects.
Stat. Auth.: ORS
				  359.025;
				  359.142
Stats. Implemented: ORS
				  276.073 -
				  276.090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0015 - Selection Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A Selection Committee shall be
			 established for each Program Project. The Selection Committee, on behalf of the
			 Designated Agencies, shall determine the scope, direction, and particular needs
			 of the Project. Except as provided in subsection (b) of this rule, the
			 Selection Committee is solely responsible for artist selection, review of
			 design, execution, placement and acceptance of Works of Art, and shall
			 communicate such progress to the Designated Agencies.
(b) Exception to sole responsibility for
			 review: The Oregon Arts Commission and the Contracting Agency shall identify
			 other review bodies whose oversight may be required by law or agency policy
			 including, without limitation, state or local historic preservation committees,
			 city design review committees and formalized campus design committees. In such
			 cases, the Selection Committee's recommendation will be submitted for review
			 and approval by these bodies prior to execution of any contracts for Works of
			 Art.
(c) Informal committees
			 established by any of the Designated Agencies, such as user groups of a
			 Project, shall be kept informed of Selection Committee progress, but have no
			 role in approval of the Selection Committee's recommendations. The Designated
			 Agency that establishes an informal committee is responsible for notifying the
			 Selection Committee of the establishment of the informal committee.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0025 - Selection Committee Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Selection Committee shall meet to consider the particular needs of the
			 Project including budget, suitable art forms, appropriate locations, and method
			 of artist/artwork selection.
(2)
			 The Selection Committee may use any of the following methods for selection of
			 Works of Art for a Project:
(a) Open
			 Competition: A prospectus will be prepared by the Oregon Arts Commission with
			 the approval of the Selection Committee and will be made broadly available to
			 artists. Artists will be asked to submit images or other materials to the
			 Commission. The Selection Committee may commission new work and also may
			 purchase available work.
(b)
			 Two-stage competition. An open competition may occur in two stages whereby a
			 limited number of finalists selected from the first stage of competition will
			 be asked to submit more detailed proposals. Each of the finalists may enter
			 into a contract with the Contracting Agency that provides for payment of a
			 professional fee for preparation of a detailed proposal or consultation
			 interview. The Oregon Arts Commission or Selection Committee may recommend the
			 amount of the professional fee.
(c)
			 Prequalified Artist Roster: The Selection Committee may interview or commission
			 proposals from one or more artists on the Prequalified Artist Roster, or may
			 make direction selection(s) from the Roster.
(d) Nominated Pool: The Selection Committee
			 may designate an informal panel of arts professionals to nominate artists
			 appropriate for consideration for the Project. The resulting pool will be
			 reviewed by the Selection Committee.
(e) The Public Art Advisory Committee may
			 designate an informal panel of arts professionals to nominate artists
			 appropriate for consideration to the State of Oregon Art Collection. The
			 resulting pool(s) may be reviewed by individual Selection Committees.
(f) Limited Competition: In cases when, in
			 the judgment of the Oregon Arts Commission, it is not feasible to conduct an
			 open competition for a specific Work of Art, the Oregon Arts Commission will
			 initiate a Limited Competition by inviting several artists to submit materials
			 to the Selection Committee. If detailed proposals or consultation interviews
			 are requested, each artist will be paid a professional fee for preparation of
			 the detailed proposal or consultation interview. The Oregon Arts Commission or
			 Selection Committee may recommend the amount of the professional fee.
(g) Direct Selection: When budget constraints
			 or construction schedules are such that the Selection Committee determines that
			 an open competition cannot be held, Direct Selection of the artist(s) or
			 completed work will be made by the Selection Committee.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0030 - Criteria for Selecting Works of Art

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Style and Nature: Works of Art of any
			 aesthetic persuasion that are compatible in scale, material, form and content
			 with their surroundings may be considered.
(2) Diversity of the Collection: The Oregon
			 Arts Commission seeks to encourage and maintain a diverse collection for the
			 state, including site-specific works developed with collaboration between an
			 artist and design team, existing works of art created by an artist and
			 purchased for permanent installation, and, when appropriate, documented
			 time-based works or installations.
(3) Quality: The inherent quality of the work
			 itself will be the highest priority for selection.
(4) Media: All forms of Works of Art may be
			 considered. Works of Art may be either portable or permanently affixed or
			 integral to the building or structure, or part of a temporary
			 exhibition.
(5) Permanence: Due
			 consideration will be given to structural and surface soundness and to
			 permanence in terms of relative protection against theft, vandalism,
			 weathering, or excessive maintenance or repair costs.
(6) Method of Acquisition: Either existing
			 works or those commissioned for specific Projects may be acquired.
Stat. Auth.: ORS
				  359.025,
				  359.142
Stats. Implemented: ORS
				  276.073 -
				  276.090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0035 - Inclusions

Current through Register Vol. 63, No. 7, July 1, 2024
Appropriations under ORS
				276.080 for the Program may be
				spent for:
(1) The Work of Art itself
			 which may include but is not limited to:
(a)
			 Artist's professional fee;
(b)
			 Labor of assistants;
(c) Materials
			 required for production of the Work of Art;
(d) Professional services such as engineering
			 and fabrication necessary to create or install the Work of Art;
(e) Artist's studio and operating costs of
			 the artist, including rent, utilities, insurance, and other direct and indirect
			 costs;
(f) Travel costs for the
			 Artist for site visitation and research;
(g) Transportation of the Work of Art to the
			 site;
(h) Installation of the
			 completed Work of Art;
(i)
			 Documentation of the work in progress or completed Work of Art;
(j) Contractual services for professionals
			 engaged to install, maintain or clean Works of Art, and for conservation,
			 restoration, project management or photography.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0040 - Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
Appropriations for the Program may not be spent for:
(1) Reproductions, by mechanical or other
			 means, of original Works of Art.
(2) Decorative, ornamental, or functional
			 elements that are designed by the Architect or consultants engaged by the
			 Architect, as opposed to an Artist commissioned for this purpose.
(3) "Art objects" which are mass produced of
			 standard design.
(4) Directional or
			 other functional elements such as supergraphics, signage, color coding, maps,
			 or other similar elements, except where an Artist is employed to produce them
			 and has primary creative control over the Final Art.
(5) Those items which are required to fulfill
			 the basic purpose of the Resident Agency. Examples would be works of art in the
			 collection of a state museum, or Works of Art fulfilling an interpretive or
			 educational role in a state park, the state library, or a college or university
			 art museum or gallery.
(6)
			 Preparation of the site necessary to receive the Work of Art, including, but
			 not limited to, structural reinforcement, landscaping and utility service to
			 the site, except to the extent the Work of Art is integrated into the structure
			 or site and costs related to construction budget. Any such inclusion of costs
			 for the Work of Art in the construction budget or costs of site preparation
			 included in the art budget must be negotiated among the Designated Agencies and
			 approved by the Oregon Arts Commission.
(7) Energy and water costs for operation of
			 electrical and mechanical systems.
(8) Architect services to comply with OAR
			 123-475-0050(3)(d).
Stat. Auth.: ORS 359.025359.142
Stats. Implemented: ORS 276 .073 - 276
				  .090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0050 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Arts
			 Commission shall:
(a) In consultation with
			 the Designated Agencies, be responsible for selection, reviewing of design,
			 execution, placement and acceptance of Works of Art", acquired under the
			 Program;
(b) Appoint the members of
			 the Selection Committee to carry out the functions described in OAR
			 123-475-0015;
(c) Assist the Contracting Agency in contract
			 negotiations with artists;
(d) In
			 consultation with the Resident Agency and Contracting Agency, may transfer
			 Works of Art between public buildings as provided in OAR
			 123-475-0080;
(e) With the help of professionals, install
			 portable Works of Art and re-hang or relocate Works of Art when it determines
			 such actions are necessary;
(f) In
			 partnership with the Resident Agency, advise regarding necessary maintenance
			 procedures in accordance with the Oregon Arts Commission's Collection
			 Management System.
(g) Maintain
			 complete records and documentation of the collection with the assistance of the
			 Contracting Agency;
(h) Coordinate
			 public information aspects of the project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0055 - Scope and Nature of Expenditures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While no more than 1% of the amount from
			 capital construction appropriations may be dedicated to the Program, a dollar
			 total greater than 1% can be expended for art in a Project if the additional
			 funds are generated from other sources. The 1% figure is a minimum.
(2) If 1% of total state funds appropriated
			 for direct construction costs for a particular building is not required for the
			 Program on that Project, such unrequired amounts can be utilized for either or
			 both of the following as determined by the Oregon Arts Commission in
			 consultation with the Contracting Agency:
(a)
			 Acquiring Works of Art for existing state buildings;
(b) Acquiring Works of Art by transferring
			 the funds to another construction project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0060 - General Principles and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Freedom of Expression: Because of the
			 bold attempt to meld the imaginations and talents of so many individuals and
			 groups, freedom to reach creative solutions must always be maintained. Artists
			 must be sensitive to the unique qualities of public art and the guidelines and
			 parameters which, of necessity, may be required.
(2) Integration of Art and Architecture: So
			 that Artists and Architects can gain from each others' design insights, all
			 parties should strive for engagement of the Artist as soon as possible after
			 the approval of the Architect's schematic design phase.
(3) Exhibitions and Educational Outreach:
			 Contracting Agencies should consider undertaking the following exhibition and
			 educational outreach opportunities. The Oregon Arts Commission is available to
			 provide consultative assistance, but these activities muse be funded with
			 monies other than Program funds, unless they are a integral part of the Final
			 Art:
(a) Exhibition of sketches and maquettes
			 created in limited or open competitions;
(b) Involvement of students and art
			 instructors in workshops with Artists creating Works of Art;
(c) Tours of those sites which exhibit many
			 Works of Art, conducted by trained docents;
(d) Use of state educational and other
			 facilities by the Artist in developing concepts and creating the Work of Art,
			 so that state employees and students can better understand the creative
			 process. Such facilities might include studio space, foundries, machine,
			 welding, and woodworking shops, printing and photographic facilities;
(e) Filming or videotaping the creation and
			 installation of the Work of Art.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0065 - Documentation and Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Documentation:
(a) Identification: The
			 Contracting Agency shall assist the Oregon Arts Commission with identification
			 of the Work of Art which may include, without limitation, that plaques or
			 labels identifying the Work of Art, are securely affixed, unobtrusive, and well
			 designed. Plaques, labels or other identifying media shall included the name of
			 the Artist; title of the Work of Art, if any, medium, and year
			 completed;
(b) Registration: The
			 Oregon Arts Commission shall maintain inventory records. The Oregon Arts
			 Commission provides copies of each Contracting Agency's inventory records upon
			 request by the Contracting Agency;
(c) Publications: Contracting Agencies are
			 encouraged to publish informative folders and booklets on the Works of Art,
			 such as those in the State Library and the Department of Administrative
			 Services. The Oregon Arts Commission is available to assist with editorial and
			 technical assistance.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0074 - Relocation and Deaccession

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 Relocation and Deaccession action shall be determined on a case-by-case basis.
			 Standards applied to Deaccession shall be at least as stringent as those
			 applied to the acquisition process.
(2) Changes in fashion, taste, administration
			 or the immediate pressures of public controversy are insufficient to support a
			 Relocation or Deaccession action.
(3) Relocation or Deaccession will not be
			 considered until at least five years have elapsed from the date of completion
			 identified under OAR 123-475-0065(1)(a)
			 of permanent Works of Art and acceptance in the case of portable Works of Art,
			 unless special circumstances exist. Special circumstances include, without
			 limitation, when a Work of Art has been damaged beyond repair.
Stat. Auth.: ORS
				  359.025,
				  359.142
Stats. Implemented: ORS 276 .073 - 276
				  .090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0080 - Criteria for Relocation or Deaccession

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Arts Commission may approve a request to consider
				Relocation or Deaccession of a Work of Art for one or more of the following
				reasons:
(1) The artwork requires
			 unforeseen excessive maintenance or repair, contains failing materials, faults
			 of design or workmanship, or repairing or securing the Work of Art is or
			 becomes impractical or unfeasible;
(2) It would benefit the collection re
			 replace the Work of Art with another more significant Work of Art by the same
			 Artist;
(3) The Work of Art has
			 been the source of significant, documented adverse public reaction over at
			 least five years, and a broad range of people who come into regular contact
			 with the Work of Art support its removal;
(4) The condition or security of the Work of
			 Art cannot reasonably be guaranteed;
(5) The Work of Art has become significantly
			 less appropriate over time, given changes in the function or character of the
			 collection, setting or the community;
(6) The site is going to be demolished or
			 adapted, and it is not possible to successfully incorporate the Work of Art
			 into redevelopment of the site;
(7)
			 The site is not longer publicly accessible;
(8) There is not suitable new site available
			 for the Work of Art in the same facility;
(9) The Work of Art endangers public
			 safety.
Stat. Auth.: ORS
				  359.025,
				  359.142
Stats. Implemented: ORS 276 .073 - 276
				  .090
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 475 - 1% FOR ART IN PUBLIC BUILDINGS › Section 123-475-0085 - Procedure for Relocation or Deaccession

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public Art Advisory Committee will
			 undertake periodic reviews of the collection and review all Relocation and
			 Deaccession requests submitted to the committee by Oregon Arts Commission staff
			 on behalf of the Arts Commission, a Resident Agency, or the public.
(2) The Public Art Advisory Committee shall
			 make recommendations to the Oregon Arts Commission on all Relocation and
			 Deaccession requests.
(3) Sequence
			 of Action.
(a) Upon receipt of a request for
			 Relocation or Deaccession by a Resident Agency, citizen(s), or the Oregon Arts
			 Commission or its staff, Oregon Arts Commission staff shall prepare a report to
			 the Public Arts Advisory Committee that shall include the condition of the Work
			 of Art, recent photographs, estimated value, reasons for considering Relocation
			 or Deaccession and addressing the criteria contained in OAR
			 123-475-0080, options for
			 relocating or repairing the Work of Art when applicable, opinion of the head of
			 the Resident Agency, and any other supporting or relevant
			 information.
(b) The Public Art
			 Advisory Committee shall review the report and may direct Oregon Arts
			 Commission staff to seek additional information about the Work of Art from the
			 community where it is installed, the Artist, art galleries, curators,
			 conservators, appraisers or other arts professionals.
(c) The Public Art Advisory Committee shall
			 recommend to the Oregon Arts Commission whether the request for Relocation or
			 Deaccession should be denied or granted in whole or in part. The Public Arts
			 Advisory Committee may recommend modifying, relocating, selling, donating,
			 disposing of or storing the Work of Art. The recommendation must address the
			 following:
(A) Criteria contained in OAR
			 123-475-0075, if any, that have been met;
(B) Most appropriate action and method of
			 action;
(C) Specific recommendation
			 if the Work of Art is to be traded or sold for the purpose of purchasing
			 another Work of Art by the same Artist;
(d) The Oregon Arts Commission staff shall
			 prepare a report for consideration by the Oregon Arts Commission at a regularly
			 scheduled meeting that includes at least the following:
(A) The Public Art Advisory Committee's
			 recommendations;
(B) The opinion of
			 the head of the Resident Agency;
(C) To the extent required by any contract
			 between the Contracting Agency and the Artist, the opinion of the Artist, if
			 living, if the Artist has provided an opinion.
(e) If the Oregon Arts Commission determines
			 that a Relocation or Deaccession request may be granted, the Oregon Arts
			 Commission will notify the Contracting Agency of its approval.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Arts Program, under the direction of the Cultural Trust
				Board, awards grants for the Oregon Cultural Trust through three grant
				programs: Cultural Development Grants to cultural organizations, Community
				Cultural Participation Grants to county and tribal cultural coalitions and
				Cultural Partner Grants to statewide cultural partner
				entities.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Cultural
			 Organization" means an organization defined in ORS
			 359.400.
(2) "Cultural Trust Board" means the board
			 established by ORS 359.410.
(3) "Cultural Coalition" is a group organized
			 in an Oregon county or within a federally recognized Indian Tribe, in Oregon to
			 identify priorities and specific strategies for building public participation
			 in culture. Each coalition will include representation from the arts, heritage,
			 humanities and other organizations relevant to community cultural
			 participation, including without limitation, educational institutions,
			 libraries, media or businesses, and reflect the diversity of the County or
			 Tribe. The primary purpose of the coalition is to develop a cultural plan for
			 the area served and to award and monitor grant funds awarded to address
			 cultural goals.
(4) "Cultural Plan"
			 means a local plan that identifies priorities and specific strategies to build
			 public participation in cultural disciplines and organizations within the local
			 area. Plans will include benchmarks to measure progress against stated
			 goals.
(5) "Core Partner Agencies"
			 means the agencies described in ORS
			 359.400(2).
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 the Cultural Trust's Cultural Development Grant program is to provide state
			 recognition and support to cultural organizations undertaking significant
			 cultural programs and projects, preserving and enhancing Oregon's diverse arts,
			 heritage and humanities efforts. "Cultural Development Grant Program" means the
			 program created by ORS
			 359.431.
(2) Cultural Development Grants are awarded
			 annually on a competitive basis pursuant to a process that is initiated when
			 the Cultural Trust Board issues a request for proposals (RFP). The RFP will
			 request proposals that address one or more of the following themes:
(a) Access: Making culture broadly available
			 to Oregonians;
(b) Preservation:
			 Investing in Oregon's cultural heritage by recovering and preserving historic
			 assets and achievements;
(c)
			 Creativity: The making or presentation of artistic or scholarly work, and the
			 development of artists, cultural experts and scholars;
(d) Capacity: The strengthening of cultural
			 organizations to build stability and generate public confidence.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0015 - Applications and Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications must be submitted in the form required, and by a deadline set, in
			 the RFP.
(2) Applicants for
			 Cultural Development Grants must be an Oregon cultural organization.
(3) Proposals submitted by institutions of
			 higher learning must be for programs and activities that focus on, benefit, and
			 are open to the general public, and the general public must form the majority
			 of the total audience.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0035 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Cultural Development Grant applications are evaluated according
				to how they address the themes described in OAR
				123-500-0010(1).
				Additional evaluation criteria include:
(1) Significance of the activity or the
			 project, including the quality of the organization(s), structures, works of
			 art, or services that will be involved;
(2) The potential to broaden or deepen public
			 knowledge, understanding, appreciation of, and access to culture;
(3) The appropriateness of the budget, the
			 quality and clarity of the project goals and design, the resources involved,
			 and the qualifications of the project's personnel;
(4) Evidence of sound fiscal
			 management;
(5) Evidence of public
			 or private matching funds or in-kind services;
(6) The process by which the project will be
			 evaluated and plans in place to sustain or maintain the activity or project, if
			 appropriate, following the period of the grant.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0045 - Use of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cultural Development Grant funds must be used:
(a) To address significant opportunities to
			 advance, preserve or stabilize cultural resources;
(b) To invest in the development of new
			 resources;
(c) To support proposals
			 that have a broad cultural impact beyond the applicant itself; and
(d) To support proposals from applicants with
			 culture as a priority within the mission of the organization.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0055 - Grant Award Process; Administration of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications submitted to the Oregon
			 Cultural Trust pursuant to its RFP will be reviewed by staff to determine
			 whether the applicant is eligible to receive a Cultural Development Grant.
			 Ineligible applications will be returned to applicants with an
			 explanation.
(2) Applications from
			 applicants eligible to receive a Cultural Development Grant will be reviewed by
			 a panel of cultural professionals designated by the Cultural Trust Board who
			 will make funding recommendations to the Cultural Trust Board.
(3) The Cultural Trust Board evaluates
			 qualified proposals and determines final grant awards. Announcement of grants
			 are made as provided in the RFP.
(4) Grants are administered by the Arts
			 Program of the Oregon Business Development Department.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0070 - Deadline

Current through Register Vol. 63, No. 7, July 1, 2024
Cultural Participation Grant contact information must be
				submitted to the Oregon Cultural Trust by a postmark deadline that will be
				established annually.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0075 - Grant Contract; Final Reports

Current through Register Vol. 63, No. 7, July 1, 2024
Grant recipients are required to enter into a contract with the
				Arts Program of the Oregon Business Development Department. Pursuant to that
				contract, each grant recipient must complete a final expense and narrative
				report. Final financial reports must reflect the application budget as
				originally submitted unless the budget is revised with the approval of the
				Cultural Trust Board or its designee. Grant reports must be submitted within
				thirty (30) days of the end date of the grant period.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0080 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Cultural Trust's Community Cultural
				Participation Grant program is to provide funds to counties and federally
				recognized Indian Tribes to support local cultural activities involving the
				arts, heritage and humanities.
(1)
			 This program is intended to increase public participation in culture to
			 actively support and enjoy the cultural resources in their communities and
			 foster the development of a unique cultural identity for counties and
			 tribes.
(2) The program's focus is
			 on local cultural planning, with each county, and each federally-recognized
			 Indian Tribe, building participation in, gaining access to, and shaping
			 priorities of local culture.
(3)
			 The program encourages inter-organization and inter-disciplinary collaboration,
			 along with support for excellence.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0090 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each Oregon
			 county, and each federally-recognized Indian Tribe, may establish a Cultural
			 Coalition responsible for developing, implementing and monitoring a local
			 cultural plan.
(2) The Cultural
			 Trust will award Cultural Participation Grant funds annually to each cultural
			 coalition working within a cultural plan that has been approved by the Cultural
			 Trust Board.
(3) In accordance with
			 its plan, the Cultural Coalition may decide how these funds are allocated
			 locally.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0100 - Structure of Cultural Coalition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The structure of the Cultural Coalition
			 reflects the cultural needs, assets and resources of each county and
			 tribe.
(2) To qualify for grant
			 funds, a Cultural Coalition must:
(a) Include
			 representation from the arts, heritage, and humanities activities in their
			 area;
(b) Include representation of
			 other organizations that are relevant to community cultural participation,
			 including without limitation educational institutions, libraries, media or
			 businesses;
(c) Reflect the
			 diversity of the population of the county or tribe.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0110 - Fiscal Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Coalitions that are recognized by the Internal Revenue Service as a 501-c-3
			 private non-profit organization, or are a local public entity is eligible to
			 receive Community Cultural Participation Grants directly from the Cultural
			 Trust.
(2) Those coalitions that do
			 not have IRS 501-c-3 non-profit status must identify a fiscal sponsor to accept
			 grant funds on behalf of the coalition. The Cultural Trust Board will review
			 and approve the proposed fiscal agent prior to the release of grant
			 funds.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444