Legal Requirements

The Maine Arts Commission is a state agency that receives tax money appropriated by the Maine State Legislature. In addition, the Agency receives funds from the National Endowment for the Arts and other federal sources. Therefore, the Maine Arts Commission and Maine Arts Commission grant recipients are contractually committed to abide by state and federal regulations that bar discrimination based on race, color, national origin, disability, age, gender or sexual orientation and that require accessibility for persons with disabilities. In addition, grantees must ensure appropriate management of funds and personnel as required by the federal government. The Maine Arts Commission also requires grantees to observe the Maine Arts Commission's conflict of interest policy, which is based on Maine statute, as well as to follow an established appeals process when disputing a grant decision.

Civil Rights

Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance (Section 601).

Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be subject to discrimination under any educational program or activity receiving federal financial assistance.

The Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program receiving federal assistance.

People with Disabilities

Disability is defined as anyone who has a physical or mental impairment which substantially limits one or more of such person’s major life activities, has a record of such impairment, or is regarded as having such impairment.

Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified person with a disability in the United States, as defined in Section 7(6), shall, solely by reason of his or her disability, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal assistance.

The Americans with Disabilities Act of 1991 extends protections of the Civil Rights Act of 1964 by prohibiting discrimination in employment based on disability, requiring places of public accommodation be accessible to people with disabilities, mandating gradual replacement of buses and railroad cars with equipment that can accommodate people with disabilities, and making telephone services available to people with hearing and speech impairments, nationwide.

Drug Free Workplace

The Drug Free Workplace Act of 1988 requires that employees of the grantee not engage in the unlawful manufacture, dispensation, possession, or use of controlled substances in the grantee's workplace or work site.

Management and Use of Funds

Section 5(j) and 5(k) of the U.S. Public Law 89-209 requires compliance in regard to the employment of professional personnel, mechanics, and laborers employed for any construction project, and to the health, safety and sanitary laws of the state.

18 U.S.C. Sec. 1913 regulates lobbying with appropriated moneys, and the Hatch Act (5 U.S.C. Sec. 1501-1508 and 7324-7328) limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

An adequate financial management system must be maintained to provide efficient and effective accountability and control of all property, funds and assets, in compliance with OMB Circulars A-102, A-128 (for local governments) and A-110 (for non-profit organizations and universities).

Conflict of Interest Policy

No member of the Maine Arts Commission, advisory committees or juries, or agency staff, or any spouse or dependent children of such individuals, on behalf of themselves or with respect to an organization with which they are employed as staff or consultant, or affiliated with as members of the governing board(s) or in which they have a direct and substantial financial interest shall submit or sponsor applications or proposals for agency funds, or seek to influence the decisions of members of the Maine Arts Commission, advisory committees or juries, or staff regarding applications for agency funds, or receive, accept, take, seek or solicit directly or indirectly, gifts, gratuities, favors, or anything of economic value from any person or organization if there is any reason to believe the donor would not give said item except for that individual’s office or responsibility with the agency, or to unduly influence that individual's action on applications for agency funds. No member of the agency staff shall participate in their official capacities in any proceedings which may fund or otherwise support individuals or organizations with whom the staff members are employed or are negotiating with for future employment, or organizations for which the staff members serve on the governing board.

Grant Appeals Policy

Any grant applicant shall have the opportunity to appeal a grant decision by submitting, in writing, an appeal to the Chair of the Maine Arts Commission within 30 days of notification of the grant decision. An appeal shall be made only on the basis of the procedure taken by the advisory committee, jury or director in reviewing the application, and not on the artistic, management, or other evaluations based on the grant review criteria.