N.M. Admin. Code § 4.12.1.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 4.12.1.7 - DEFINITIONS

A. "Appeals committee" means the designate committee of the NMA commission which reviews and makes a determination regarding an appeal brought forward by a prospective applicant after the funding recommendation has been acted on by the arts commission.

B. "Appeals process" means the appeal process whereby applicants that are reviewed by a panel and have met all eligibility requirements may appeal a decision or recommendation of an advisory panel. If an applicant believes there are grounds for an appeal following the panel review of their application, a formal letter to the executive director stating the grounds for appeal is required within thirty (30) days of receipt of funding notification if the applicant can demonstrate that the review of the application was based on criteria other than those appearing in NMA regulations or the decision was influenced by an advisory panel member or commissioner with an undisclosed conflict or interest.

C. "Application" means the written formal request for funds from NMA. An eligible application is one which is determined to be complete by staff review and is based on whether the applicant followed the published regulations, and submitted his application form and materials by the stated deadline.

D. "Arts in public places/one percent for art program" means the program which is designed to administer the "Art in Public Places Act", Section 13-4A-1 NMSA 1978, which requires that one percent of construction and renovation costs of certain public buildings be spent on the acquisition of art for those buildings; and to develop, document and promote a statewide public art collection which reflects the cultural, ethnic, and artistic diversity of New Mexico, the region and the nation. Artwork acquired through the arts in public places program are acquired for installation and display in public buildings throughout New Mexico which reflect the tastes and attitudes of the users of the buildings as well as local communities. Regulations established by NMA require that a five to eleven member committee comprised of local community members determine the type of art it wants and develop a prospectus (a call for artists). All prospectuses are published in the quarterly NMA newsletter Artspeak and are open to all artists. Works of art selected by the art selection committee must be on public display and be accessible to the general public during regular business hours.

E. "Arts commission" means same as New Mexico arts commission or commission.

F. "Conflict of interest policy" means the arts commission conflict of interest policy based on the Governmental Conduct Act, Section 10-16-1 through 10-16-16, NMSA 1978.

G. "Contract" means the contract between NMA and an artist, or other award recipient. NMA reserves the right to monitor all funding recipients to ensure that the terms and conditions of the contract are met.

H. "Governor's awards for excellence in the arts or governor's arts awards" means the awards established in 1974 which recognize the important role that artists, crafts people, and supporters of the arts play in our state. People who receive the awards are chosen for their lifetime artistic excellence and accomplishments. Corporations and major contributors are also honored for outstanding and generous support of the arts. The commission chair appoints a selection committee who make recommendations to the governor's office which are then approved by the commission.

I. "New Mexico arts commission or commission or arts commission" means the fifteen (15) member body appointed by the governor pursuant to Section 18-5-4 NMSA 1998. The mission of the commission, in conjunction with NMA, is to stimulate opportunities for artists, arts organizations, and other groups for activities or projects to provide artistic or cultural services to the state, to maintain and encourage artistic excellence, and to promote awareness of and access to the arts for all of the people of New Mexico.

J. "New Mexico arts or NMA" means the division that is within the department of cultural affairs, a state agency. The New Mexico state legislature created the NMA and the arts commission because "the general welfare of the people of this state will be promoted by giving further recognition to the arts as a vital part of our culture and heritage and as an important means of expanding the scope of our educational program".

K. "Planning and budget committee" means the committee of the commission which reviews comments, ratings and resulting rankings of the applications by advisory panels. The planning and budget committee convenes a public meeting to consider the recommendations of the advisory panels. The committee makes funding and other recommendations to the arts commission.

N.M. Admin. Code § 4.12.1.7

4.12.1.7 NMAC - Rp 4.12.1.7 NMAC, 11-13-2003; A, 1-31-06; A, 10-16-06