Rules & Regulations of the State of Tennessee
Title 0140 - Arts Commission
Chapter 0140-01 - Rules of the Tennessee Arts Commission
Section 0140-01-.03 - QUALIFICATIONS OF GRANT APPLICANTS

Current through April 3, 2024

(1) To be eligible, an applicant must:

(a) Be an individual artist who is a legal resident of Tennessee, or

(c) Be a not-for-profit organization chartered in the state of Tennessee. Organizations qualifying for this status must meet the following criteria.
1. Be tax-exempt.
(i) No part of net earnings may benefit a private stockholder or Individual.

(ii) Donations to the organization must be allowable as a charitable contribution under Section 170 (c) of the Internal Revenue Code of 1954, as amended. A copy of the U.S. Department of Treasury, Internal Revenue Service Division determination letter for tax-exempt status or of the official document identifying the application organization as a unit of either state or local government or religious organization must be on file with the Tennessee Arts Commission. A copy of an application for such exemption under Section 170 (c) or 501 (c) (3) may be submitted to the Arts Commission. However, no funds will be awarded until a copy of the actual letter of income tax-exemption status has been filed with the Arts Commission. Unless income tax-exemption status is verified by September of the fiscal year in which the grant has been awarded, the award may he cancelled and the funds reallocated.

2. Comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilita6on Act of 1971, the Age Discrimination Act of 1975, the Drug-Free Workplace Act of 1988, and where applicable, Title IX of the Education Amendments of 1972, Title VI and Section 504 bar discrimination on the basis of race, color, national origin, or personal handicap in Federally assisted projects. The Drug-Free Workplace Act of 1988 requires that recipients of Federal grants certify that they will provide a drug-free work place. Title IX prohibits discrimination on the basis of sex in federally assisted education programs and activities. Requests for information pertinent to these laws should be addressed to the Tennessee Arts Commission.

3. Compensate professional personnel, laborers, and mechanics on Arts Commission supported projects at no less than prevailing minimum compensation as defined by the U.S. Secretary of Labor in parts 3, 5, and 505 of Title 29 of the Code of Federal Regulations. A copy of these regulations is available from the National Endowment for the Arts' Grants Office upon request. The address is 1100 Pennsylvania Avenue, N. W., Washington, D.C. 20506.

4. Conform to the labor standards as described on the U.S, Department of Labor's Form 1-297, i.e. no part of any project or production which is financed in whole or in part under a grant from the Tennessee Arts Commission will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Where appropriate, the grantee shall furnish adequate assurances as to the labor standards by obtaining and signing Form 1-297 and submitting it to the Arts Commission,

5. Provide all requested information.
(i) In compliance with the Privacy Act of 1974, Section Five (5) of the National Foundation of the Arts and Humanities Act of 1965, as amended, authorizes the Endowments to solicit information to be used in processing applications, for statistical research, analysis of trends, and legislative oversight. Failure to provide: all requested information to the Tennessee Arts Commission could result in rejection of your application.

(ii) In connection with Title VI of the Civil Rights Act of 1964, the National Endowment for the Arts and the Tennessee Arts Commission seek pertinent information and thoughtful advice concerning minority (Including but not limited to American Indian or Alaskan Native; Asian or Pacific Islander; Black, not of Hispanic Origin, Hispanic; other ethnic groups) participation in the arts. As part of this effort, the application forms for most grant categories request information about audience, artists, and applicant characteristics. The Commission welcomes information about the racial and ethnic composition of communities served by your organization, special programs and services provided to those communities, and the present or proposed membership in any planning or advisory body connected with your organization. In addition, the, Commission welcomes ideas or suggestions which might assist efforts to strength and expand community participation in the arts at all levels.

(c) If an otherwise qualified organization does not have the appropriate legal status, a nonprofit organization with that status may apply on the group's behalf. Such an organization must agree to sponsorship and must submit the application. The application organization must work closely with the group on whose behalf it is applying and must undertake full, accurate accounting of and full legal responsibility for grant funds. Persons who have questions in this area can contact the Director of Grants Management, Tennessee Arts Commission, 401 Charlotte Avenue, Nashville, Tennessee (615) '741-1701.

Authority: T.C.A. §.4-20.-105,

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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