Chapter AB 1

AB 1.10(1) (1) For capital improvement or construction, purchase of real property, or endowment.

AB 1.10(2) (2) To account for fund deficiencies in projects begun prior to the project start date specified by the board in program information.

AB 1.10(3) (3) To pay fees for touring costs, performances, or exhibitions not complying with the public service requirement under s. AB 1.27.

AB 1.10(4) (4) To pay for general operating expenses when not expressly permitted in the program information.

AB 1.10(5) (5) For projects that take place before or after the grant period.

AB 1.10(6) (6) For capital equipment which include items costing more than $300 with a useful life of more than one year.

AB 1.10(7) (7) For prizes or awards.

AB 1.10(8) (8) To renovate existing facilities.

AB 1.10(9) (9) For individual tuition.

AB 1.10(10) (10) For child care.

AB 1.10(11) (11) For curriculum expansion.

AB 1.10(12) (12) For out-of-state travel.

AB 1.10(13) (13) For entertainment, refreshments or food.

AB 1.10(14) (14) For projects that are restricted to private or exclusive participation including classes held in any private studios.

AB 1.10(15) (15) For deficits incurred from past activities.

AB 1.10 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.11 AB 1.11 Establishment and discontinuance of peer review panels. The board may appoint individuals to serve on peer review panels to review grant and other applications. The board may create or discontinue any peer review panels as it deems necessary.

AB 1.11 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.12 AB 1.12 Appointment to peer review panels. Individuals selected to serve on peer review panels shall be nominated by the staff and approved by the member of the board acting as panel chair. Individuals shall serve at the pleasure of the board. To insure continuity on panels for grants to organizations and units of government, the staff may select up to 2 individuals to repeat their service in the following year. No individual shall serve on the same panel for more than 2 consecutive years. Peer review panels shall, insofar as reasonably possible, represent a geographic cross section of the state, and include minority representation from among those groups listed in s. 16.287 (1) (f), Stats.

AB 1.12 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

AB 1.13 AB 1.13 Qualifications for peer review panels. Members of all peer review panels shall have expertise or experience in a particular area of the arts, arts support or arts administration. Peer review panel members may be selected from among practitioners, organizations, curators, architects, citizens involved in the arts, and other participants in the arts.

AB 1.13 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.14 AB 1.14 Compensation of peer review panel members. Members of peer review panels shall be compensated for actual and necessary travel expenses. Out-of-state panel members may be paid honoraria.

AB 1.14 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.15 AB 1.15 Conflict of interest.

AB 1.15(1) (1) Any member of the board, peer review panels, or staff, who is affiliated with an applicant under review shall inform the board and the staff of this affiliation by completing the form under sub. (3) and by exempting himself or herself from deliberations concerning the applicant in question.

AB 1.15(2) (2) In this section, affiliated with an applicant means one or more of the following conditions related to a person who is a board, staff or peer review panel member exists:

AB 1.15(2)(a) (a) The person may be the recipient of direct financial benefit from the applicant organization or project being reviewed.

AB 1.15(2)(b) (b) The person enjoys status as an employee or governing board member of an applicant organization being reviewed.

AB 1.15(2)(c) (c) The person enjoys status as a consultant, with or without payment, to the applicant being reviewed.

AB 1.15(2)(d) (d) The person has a familial relationship with any member of an applicant organization.

AB 1.15(2)(e) (e) The person has recently received free tickets or other benefits from an applicant organization.

AB 1.15(3) (3) An “associations with cultural organizations” form shall be retained on file and reviewed annually for each board member, citizen who serves on peer review panels, and each staff.

AB 1.15 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.16 AB 1.16 Standards for review of applications by organizations and units of government.

AB 1.16(1) (1) Artistic quality. Applications are reviewed according to artistic excellence and leadership. Factors to be considered may include the following:

AB 1.16(1)(a) (a) Service to the organization’s principal art form including the presentation of new works, the encouragement or development of new artists, or the preservation of artistic heritage.

AB 1.16(1)(b) (b) Serving as an example of excellence for others, setting standards, or recognition and impact in the community, region, state, and nation.

AB 1.16(1)(c) (c) Uniqueness of artistic service, in nature or method.

AB 1.16(1)(d) (d) Variety of programming.

AB 1.16(1)(e) (e) Qualifications and achievements of artistic personnel.

AB 1.16(1)(f) (f) Track record of producing work of artistic merit.

AB 1.16(2) (2) Review. Each application from an organization or unit of government is reviewed according to the following standards:

AB 1.16(2)(a) (a) The applicant’s financial condition, including the following:

AB 1.16(2)(a)1. 1. The applicant’s total fiscal condition showing operating income and expenses.

AB 1.16(2)(a)2. 2. The applicant’s proposed budget for the fiscal year of grant, including projections of all increases or decreases in income and explanations for all significant changes in income or expenses from the applicant’s previous fiscal year.

AB 1.16(2)(a)3. 3. The applicant’s ownership of physical plant.

AB 1.16(2)(a)4. 4. The remunerative value of the applicant’s artistic programming and services.

AB 1.16(2)(a)5. 5. Potential growth areas in the applicant’s income sources.

AB 1.16(2)(a)6. 6. Special short-range conditions or considerations including, but not limited to, special fundraising, changes of artistic or administrative leadership, changes of location, and building programs.

AB 1.16(2)(a)7. 7. The applicant’s ability to sustain a short-term financial short fall.

AB 1.16(2)(a)8. 8. Potential sources of long-term financial stability or growth potential, including endowments and capital funds.

AB 1.16(2)(b) (b) The applicant’s capability to plan and implement artistic and fundraising activities, including the following:

AB 1.16(2)(b)1. 1. The qualifications and responsibilities of artistic staff.

AB 1.16(2)(b)2. 2. The qualifications and responsibilities of administrative staff.

AB 1.16(2)(b)3. 3. The applicant’s employment practices, including levels of compensation, methods of recruitment, and standards for recruitment.

AB 1.16(2)(b)4. 4. The applicant’s organizational structure, including the division of responsibilities and established procedures for review and decision-making.

AB 1.16(2)(b)5. 5. The applicant’s board of directors and their organizational and community roles.

AB 1.16(2)(b)6. 6. The applicant’s track record of responsible and productive use of board grant funds.

AB 1.16(2)(b)7. 7. The applicant’s long-range or strategic planning.

AB 1.16(2)(c) (c) The applicant’s involvement in and support by the community, including:

AB 1.16(2)(c)1. 1. The composition of the applicant’s board of directors, including their affiliations with community interest groups and access to community resources.

AB 1.16(2)(c)2. 2. The organizational roles of board members.

AB 1.16(2)(c)3. 3. The applicant’s artistic accessibility to the general public as demonstrated by touring, publications, recordings, films, broadcasting, promotional materials, special and nontraditional programming, efforts to serve special constituencies, and discounts on tickets.

AB 1.16(2)(c)4. 4. The applicant’s physical accessibility to persons with disabilities.

AB 1.16(2)(c)5. 5. The applicant’s awareness of the size and distribution of its audience, including demographic profiles of the audience by age, income, occupation, and other data; audience feedback regarding artistic programs and services; statistics for subscribers or regular members or both; analyses of the audience composition and profitability of programming according to the type and location of programming.

AB 1.16(2)(c)6. 6. The role of educational activities within the overall operations of the applicant.

AB 1.16(2)(c)7. 7. The applicant’s collaboration with schools and colleges; services in schools; services to students at the organization’s headquarters; and services to educators.

AB 1.16 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.17 AB 1.17 Standards for review of applications by individuals. Applications by individuals shall be reviewed on the basis of artistic merit as demonstrated by the work samples submitted with the application. In addition to artistic merit, the following standards shall be applied:

AB 1.17(1) (1) The applicant’s professional achievements as demonstrated in a resume or curriculum vitae.

AB 1.17(2) (2) The financial feasibility of the proposed activities for which the grant funds shall be used.

AB 1.17 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.18 AB 1.18 Board action on peer review panel recommendations.

AB 1.18(1) (1) The board shall make all final decisions regarding the approval or rejection of a grant application.

AB 1.18(2) (2) The board shall give considerable weight to the recommendations of peer review panels.

AB 1.18(3) (3) The board may request additional information from an applicant following panel review and prior to final board action.

AB 1.18(4) (4) The board may request a revised budget and project description or both before taking final action on a grant application.

AB 1.18 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.19 AB 1.19 Contingent payments. The board may make grant payments contingent upon the fulfillment of certain requirements including, but not limited to, the receipt of final reports, the receipt of certified financial audits, and the board’s direct evaluation of the grantee.

AB 1.19 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.20 AB 1.20 Notification. All applicants shall receive a letter of acceptance or rejection within 30 days after final review of the application by the board. If the board awards a grant smaller than the amount requested, the applicant may be required to submit a revised budget or project description or both before the grant is awarded.

AB 1.20 History History: Cr. Register, August, 1998, No. 512, eff. 9-1-98.

AB 1.21 AB 1.21 Appeal.

AB 1.21(1) (1) An applicant may appeal the rejection of its application to the board, within 30 days of receipt of a letter of rejection received pursuant to s. AB 1.20 for any of the following conditions:

AB 1.21(1)(a) (a) The board or staff has made a procedural error in handling the application.

AB 1.21(1)(b) (b) A member of the staff, peer review panel, or the board violated the board’s conflict of interest policy provided in s. AB 1.15.

AB 1.21(2) (2) Appeals shall be made exclusively on the basis of materials submitted at the time of application.

AB 1.21(3) (3) Evaluations of artistic quality or merit, artistic excellence and leadership, the quality of the artistic activity or artistic work of an individual, the amount of the grant and interpretations or judgments of relevant peer review panels are not subject to appeal.