This chapter describes the policies, procedures, and authorizations for the Maryland Commission on Public Art to promote the installation of artwork in public facilities for the enrichment of the public. In this chapter, the following terms have the meanings indicated. Terms Defined. “Acquire” means obtain by purchase or commission. “Act” means Economic Development Article, §§4-601—4-608, Annotated Code of Maryland. Art, Artwork, or Work of Art. “Art, artwork, or work of art” means an original creative work by an artist. “Art, artwork, or work of art” may include, but is not limited to, paintings, mosaics, sculpture, frescoes, stained glass, and decorative, ornamental work that is integrated into a structure. “Artist” means an individual professionally engaged in the production of creative and original artwork. “Commission” means the Maryland Commission on Public Art. “Commissioned artwork” means art, artwork, or works of art authorized by the Commission to be made or done under the Program. “Department” means the Department of Commerce. “Fund” means the Maryland Public Art Fund. “Local government” means a county or municipal corporation in the State. “Program” means the Maryland Public Art Initiative Program. “Public art project” means art, artwork, or works of art acquired under the Program using money from the Fund, to be installed or developed in or at public facilities and public spaces in the State. “Secretary” means the Secretary of Commerce or the Secretary's designee. The Fund shall be used to acquire art, artwork, or works of art to be owned by the State, to preserve public art assets, and to make grants to local governments. The Commission shall post a notice of each proposed public art project on the website of the Maryland State Arts Council, stating: A general description of the type of artwork to be commissioned; A description of the site for which the artwork will be commissioned; An estimated budget for the public art project; and The deadline by which applications shall be filed. Artist Application. Public art project applications shall be made on standard forms prescribed by the Commission. Each application shall include the following: The current resume of the artist; Images of relevant artwork by the artist; and Any other information the Commission requires related to the proposed public art project and the applicant. The Commission shall appoint one or more selection panels for each proposed public art project to review the applications of artists and the artwork to be funded under this chapter. A selection panel shall consist of: A Commission member; A representative of the community where the artwork will be located; A representative of the facility where the artwork will be located; A materials conservator; Art professionals, including, but not limited to, visual artists, art educators, and architectural historians; Technical advisors to the site, including engineers, construction managers, and architects; Users of the facility where the artwork will be located; and Other key stakeholders selected by the Commission. The selection panels shall make recommendations to the Commission concerning the selection of an artist and artwork. The Commission shall consider all of the following criteria in selecting an artist and artwork under this chapter: Artistic excellence, innovation, and qualifications; Appropriateness of artwork for the site in terms of scale, form, content, and materials; Durability of the artwork; Community support; Appropriate site availability in public locations; and Extent of conservation and maintenance necessary for the artwork. The Commission shall make the final recommendation to the Secretary concerning the allocation of money from the Fund. The Commission shall allocate money from the Fund to commission, maintain, and preserve works of art for installation at public facilities around the State. The Commission shall determine the estimated budget allocation for a specific work of art. In determining the estimated budget allocation, the Commission may consider the following factors: The construction cost of the specific facility where the work of art will be located; and The amount of money in the Fund. The Commission shall post information concerning all proposed public art projects under the Program on the website of the Maryland State Arts Council. The Commission shall give notice of its meetings and comply with all applicable requirements of State Government Article, §§10-501—10-512, Annotated Code of Maryland. All commissioned artwork funded by the Program shall be the property of the Commission. The Commission, in cooperation with the Department of General Services, is responsible for the inventory, maintenance, and preservation of all artwork acquired through the Program, with funding for condition assessment and conservation activities provided by the Fund. The Commission shall develop collection management guidelines to address documentation, condition assessment, routine maintenance, conservation maintenance, and conservation treatment. A local government may apply for a grant under the Act as set forth in this regulation. Before a grant is awarded to a local government under this regulation, the local government shall provide and spend a matching fund. A matching fund of a local government may not consist of: Money provided, directly or indirectly, from appropriated or unappropriated State money; Real property; In-kind contributions; or Money spent before June 1, 2005. Grant applications shall be made on standard forms prescribed by the Commission. Each application shall include: The source of the required matching fund provided by the local government; A detailed description of the project for which the grant is requested; The amount of the grant requested; and Any other information the Commission requires related to the project for which the grant is requested. The Commission shall review each application to determine whether a local government will be awarded a grant from the Fund and the amount of the grant. In making the determination whether to award a grant, or the amount of a grant to be awarded, the Commission shall consider the following factors: Artistic excellence and innovation; Community support; and Location and accessibility of project to the public. The Commission shall prepare and provide the local government with a copy of the grant agreement which shall contain the provisions the Commission determines are necessary to reflect the terms of the grant. The Secretary may waive or vary particular provisions of this chapter to the extent that a waiver is not inconsistent with the Act. Economic Development Article, §§4-601—4-608, Annotated Code of Maryland Effective date: June 15, 2009 (36:12 Md. R. 838) Regulation .10A, B amended effective March 3, 2014 (41:4 Md. R.306)