Nevada Administrative Code
CHAPTER 233C - NEVADA ARTS COUNCIL

NAC 233C.010 Definitions. (NRS 233C.090) As used in this chapter, unless the context otherwise requires:

1. “Administrator” means the Administrator of the Division.
2. “Board” means the Board of the Division created pursuant to NRS 233C.030.
3. “Division” means the Nevada Arts Council.
4. “Grantee” means an organization or a natural person receiving money from the Division.

[Council on Arts Reg. A §§ 1-4, eff. 7-26-77]—(NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004)

NAC 233C.015 Scheduled meetings of Board: [Remove] Mailing [Add] Distribution of agenda to members; consideration of material submitted after [Remove] mailing [Add] distribution of agenda. (NRS 233C.090) [Description: agendas are no longer physically mailed and instead distributed through electronic email]

1. The Administrator shall [Remove] mail [Add] submit a copy of the agenda and any supporting documents to each member of the Board at least [Remove] 10 [Add] 3 days before a scheduled meeting of the Board. [Description: The 10 requirement was in place to account for the time when agendas and supporting documents were physically mailed and had to travel through the postal system. This is no longer the case. The 10-day timeframe impacts the ability for the agency and board to be agile and efficient in accomplishing its duties in a timely manner and within budget constraints. 3 days is consistent with the open meeting requirement for public meeting postings]
2. The Board may wait until the next meeting of the Board to consider any material that is submitted to the [Add] Board and/or Administrator after the Administrator has [Remove] mailed [Add] distributed a copy of the agenda for a scheduled meeting to the members of the Board. [Description: adding material submitted to the Board as well as Administrator. Material is no longer physically mailed and instead distributed via email.]

(Added to NAC by Bd. of Nev. Arts Council by R175-03, eff. 8-25-2004)

NAC 233C.020 Grants: Eligibility. (NRS 233C.090)

1. Art and cultural programs and projects directly related to Nevada or that serve the residents of Nevada are eligible for grants from the Division.
2. An organization applying for a grant from the Division must be a nonprofit organization, [Add] unit of government, or public institution incorporated in Nevada and have a tax-exempt status. This requirement does not preclude another tax-exempt organization from acting as the fiscal agent for the applicant. [Description: Adding unit of government, or public institution to better reference these entities are eligible]
3. A natural person may apply for a grant if, at the time [Remove] he [Add] the applicant submits the application, [Remove] he [Add] they [Remove] is [Add] are:
   
   1. A resident of Nevada;
   2. At least 21 years of age; and
   3. Not seeking an academic degree in a field of study that is related to the type of grant for which [Remove] he [Add] the applicant is applying.

[Council on Arts Reg. B §§ 1-6, eff. 7-26-77]—(NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004) [Description: language change from “he” to “the applicant/they” where applicable]

NAC 233C.030 Grants: Use, amendment, and availability of guidelines; [Remove] return [Add] notification of application received after deadline for filing. (NRS 233C.090)

1. The Board will approve grants in accordance with the grant guidelines approved by the Board.
2. The Division shall make any proposed substantive change to the grant guidelines available for public review and comment at least [Remove] 2 [Add] 1 week [Remove] s before the approval of the changes by the Board. [Description: the 2-week timeframe for review and comment delays progress and efficiency. 1 week provides ample time for review and comment]
3. An application for a grant must be completed in accordance with the grant guidelines approved by the Board for the type of grant for which the applicant is applying. The grant guidelines will be available not less than [Remove} 3 [Add] 1 month [Remove] s before the announced deadline for filing the application. [Description: Requiring grant guidelines be available for 3 months was in place to account for physically mailed applications to be received. This is no longer needed. This timeframe is inefficient and puts an undue burden on the requirement of staff lead time to post and review grant offerings and negatively impacts the agency’s ability to award and distribute funding in a timely manner.]
4. If an application is received by the Division after the announced deadline for filing, the application will not be considered and [Remove] will be returned to the applicant will be notified. [Description: applications are no longer physically received so there is nothing to be returned]
5. A copy of the grant guidelines approved by the Board may be obtained from the Nevada Arts Council[Remove] , 716 North Carson Street, Suite A, Carson City, Nevada 89701, at no cost at <https://www.nvartscouncil.org/> [Add] https://www.nvartscouncil.org/ [Description: grant guidelines are available online. If is must be a requirement that printed versions be available for those who request it, they can be retrieved from one of our offices. This should require a cost if a printed copy is requested to account for staff time and resources.]
6. The Board will review the recommendation of the panel and the review process used by the Division and panel, and the Board will vote to determine whether to approve the grant and the amount of any grant so approved. [adding that the panel process is run by the Division for better clarity.]

[Council on Arts Reg. C §§ 1-10, eff. 7-26-77]—(NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004)

NAC 233C.040 Grants: Examination, review and approval of application. (NRS 233C.090)

1. The Division will examine each application for completeness, accuracy, and compliance with the grant guidelines applicable to the type of grant for which the applicant is applying.
2. A panel selected by the Division will review the application and make a recommendation to the Board in accordance with the grant guidelines. and the panel review process approved by the Board for the type of grant for which the applicant is applying. [statement reads “… in accordance with the grant guidelines. The board reviews and approves all grant guidelines and each guideline states the type of review process it requires making this language redundant and not required here]
3. The panel shall base the review solely on the application materials submitted by the applicant, including the application form, narrative, budget, and any supplemental material that conforms to the grant guidelines applicable to the type of grant for which the applicant is applying.
4. An applicant is not required to attend the meeting of a panel to review the application of the applicant, and an absence from the meeting will not prejudice the review of the application by the panel.
5. The Division shall make any proposed substantive change to a panel review process available for public review and comment at least 4 1 weeks before the Board Division acts to approve the change conducts the panel review. A copy of the proposed substantive change may be obtained from the Nevada Arts Council, 716 North Carson Street, Suite A, Carson City, Nevada 89701, at no cost, or on the Internet at <http://www.culturegrants-nv.org/>. https://www.nvartscouncil.org/ [the 4 week requirement impacts the efficiency of the Division and places an undue time burden to modify and conduct a panel review, receive board approval through a public meeting, and then distribute funds. This is particularly impactful when the operating environment changes, impacting available funding i.e. the pandemic, recession, etc. Removing the “Board acts to approve the change” and modifying to the” Divison conducts the panel review” accurately describes the timing and process of this work. Grant guidelines and changes are available online. If it must be a requirement that printed versions be available for those who request it, they can be retrieved from one of our offices. This should require a cost if a printed copy is requested to account for staff time and resources.]
6. The Board will review the recommendation of the panel and the review process used by the Division and panel, and the Board will vote to determine whether to approve the grant and the amount of any grant so approved. [Description: adding that the panel process is run by the Division for better clarity.]

[Council on Arts Reg. D § 1, eff. 7-26-77]—(NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004)

NAC 233C.100 Grants: Requirements for management; final report; change in program or project; termination or reduction; records. (NRS 233C.090)

1. A grantee must comply with all requirements set out in the grants management packet provided by the Division.
2. The Division will make any proposed substantive change to the grants management packet available for public review and comment at least [Remove] 2 [Add] 1 week [Remove] s before the Board acts to approve the change. A copy of the grants management packet may be obtained from the Nevada Arts Council [Remove] , 716 North Carson Street, Suite A, Carson City, Nevada 89701, at no cost, or on the Internet at <http://www.culturegrants-nv.org/>. https://www.nvartscouncil.org/ [Description: Requiring grant management packets be available for 2 weeks is inefficient and puts an undue burden on the requirement of staff lead time to post and review grant offerings and negatively impacts the agency’s ability to award and distribute funding in a timely manner. Grant guidelines and changes are available online. If it must be a requirement that printed versions be available for those who request it, they can be retrieved from one of our offices. This should require a cost if a printed copy is requested to account for staff time and resources.]
3. A grantee must file a final report form with the Division in accordance with the grant guidelines and the grants management packet. If a grantee fails to file a final report form, the Division will notify the grantee in writing that the grant application does not comply with the grant guidelines and the grants management packet. The Division will not accept a new grant application from an applicant that does not comply with the grant guidelines and the grants management packet.
4. A grantee shall notify the Division of any proposed change to a program or project that was outlined in the application of the grantee. The Division must give approval for the proposed change before the grantee may make the proposed change.
5. A grantee shall notify the Division of any change in the essential personnel involved in a program or project.
6. A grant may be terminated or reduced by the Division [Remove] 15 [Add] 10 days after the Division gives notification to the grantee that the grant application does not comply with the grant guidelines and the grants management packet, that there have been changes to the budget of the Division or as directed by the Office of the Governor. The termination or reduction does not affect any commitment which, in the judgment of the Division, has become firm before the effective date of the termination.
7. The records of a project or program, including, without limitation, a copy of the original application, financial records, supporting documents and any other record related to the grant, must be retained by a grantee and made available for review by the Division for at least [Remove] 3 [Add] 5 years after the completion of the project.

[Council on Arts Reg. F §§ 1, 5-7 & 11-14, eff. 7-26-77]—(NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004) [Description: adjusted timeframes to account for federal reporting requirements]

NAC 233C.110 Grants: Grounds for refusal or withdrawal of funding. (NRS 233C.097) Upon a violation or willful avoidance of any provision contained in this chapter, the Council may refuse to approve a grant or may withdraw financial support, in whole or in part, after consultation with the applicant or subgrantee.

[Council on Arts Reg. G § 1, eff. 7-26-77]

NAC 233C.120 Severability. (NRS 233C.097) If any provision of the regulations contained in this chapter, or its application to any person or circumstance is held invalid, the invalidity does not affect any other provision contained in this chapter or its application which can be given effect without the invalid provision or application, and to this end the provisions contained in this chapter are hereby declared to be severable.

[Council on Arts Reg. G § 2, eff. 7-26-77]

[Description: Synopsis of Requested Changes
Requested changes modify the use of dated language, more accurately describe work process and adjust timing requirements to improve efficiency and provide timely delivery of service and support.]