Or. Admin. Code § 123-475-0085 - Procedure for Relocation or Deaccession
(1) The Public Art Advisory Committee will
undertake periodic reviews of the collection and review all Relocation and
Deaccession requests submitted to the committee by Oregon Arts Commission staff
on behalf of the Arts Commission, a Resident Agency , or the public.
(2) The Public Art Advisory Committee shall
make recommendations to the Oregon Arts Commission on all Relocation and
Deaccession requests.
(3) Sequence
of Action.
(a) Upon receipt of a request for
Relocation or Deaccession by a Resident Agency , citizen(s), or the Oregon Arts
Commission or its staff, Oregon Arts Commission staff shall prepare a report to
the Public Arts Advisory Committee that shall include the condition of the Work
of Art, recent photographs, estimated value, reasons for considering Relocation
or Deaccession and addressing the criteria contained in OAR 123-475-0080,
options for relocating or repairing the Work of Art when applicable, opinion of
the head of the Resident Agency , and any other supporting or relevant
information.
(b) The Public Art
Advisory Committee shall review the report and may direct Oregon Arts
Commission staff to seek additional information about the Work of Art from the
community where it is installed, the Artist , art galleries, curators,
conservators, appraisers or other arts professionals.
(c) The Public Art Advisory Committee shall
recommend to the Oregon Arts Commission whether the request for Relocation or
Deaccession should be denied or granted in whole or in part. The Public Arts
Advisory Committee may recommend modifying, relocating, selling, donating,
disposing of or storing the Work of Art. The recommendation must address the
following:
(A) Criteria contained in OAR
123-475-0075, if any, that have been met;
(B) Most appropriate action and method of
action;
(C) Specific recommendation
if the Work of Art is to be traded or sold for the purpose of purchasing
another Work of Art by the same Artist ;
(d) The Oregon Arts Commission staff shall
prepare a report for consideration by the Oregon Arts Commission at a regularly
scheduled meeting that includes at least the following:
(A) The Public Art Advisory Committee's
recommendations;
(B) The opinion of
the head of the Resident Agency ;
(C) To the extent required by any contract
between the Contracting Agency and the Artist , the opinion of the Artist , if
living, if the Artist has provided an opinion.
(e) If the Oregon Arts Commission determines
that a Relocation or Deaccession request may be granted, the Oregon Arts
Commission will notify the Contracting Agency of its approval.
(4) Method for Relocation: On rare
occasions, a Work of Art in the State of Oregon Public Art Collection may be
removed from its original location in a State Building . Works of Art will be
removed only with the approval of the head of the Resident Agency (or
designee), and the Oregon Arts Commission. When considering new locations, the
following criteria apply:
(a) The new location
must be a State Building ;
(b) If
the new location is a different facility, the new Resident Agency must be
willing to accept the Work of Art on long-term loan, for a period of at least
five years.
(c) If the new location
is a different facility, the new Resident Agency must be willing to provide for
security and maintenance of the Work of Art.
(d) The new location must be viewed by a
broad range of citizens.
(5) Methods of Deaccession : Works of Art will
be deaccessed only with the approval of the Head of the Resident Agency (or
designee) and the Oregon Arts Commission. Deaccession shall be accomplished in
one of the following manners as determined by the Oregon Arts Commission to be
in the best interests of the citizens of Oregon, the State of Oregon Public Art
Collection, and the public trust invested in the Oregon Arts Commission as the
steward of the collection:
(a) Sale or Trade.
(A) If the Work of Art has not been appraised
in the past five years, a certified appraisal will be conducted.
(B) If stated in the approved recommendation,
the Artist will be given first option to purchase or trade the Work of
Art.
(C) Sale may be by auction,
gallery resale or direct bidding by individuals, in compliance with state law
and policies governing surplus property.
(D) Trade may be through the Artist or
gallery, museum or other institution for one or more Works of Art of comparable
value by the same Artist .
(E) No
Works of Art may be sold or traded to members or staff of the Arts Commission
or Public Art Advisory Committee or their immediate families.
(F) Proceeds from the sale of a Work of Art
shall be used to purchase artwork in keeping with the definitions and
limitations of the Program and in accordance with the Oregon Arts Commission's
decision to approve Deaccession . Funds may be expended with the oversight of
the Public Art Advisory Committee. Any preexisting contractual agreements
between the Artist and the state regarding resale shall apply.
(b) Destruction of a Work of Art
that is deteriorated or damaged beyond repair, or beyond value of the Work of
Art, and therefore deemed to be of negligible value. Alternatively, the Work of
Art may be returned, in present condition, to the Artist , if living, to the
state or representative of the Artist , or to an art conservation research or
training facility as a disposable Work of Art.
(c) If the Oregon Arts Commission is unable
to dispose of the Work of Art in a manner described in this section, the Work
of Art may be donated to a non-profit organization or otherwise disposed of as
the Oregon Arts Commission determines reasonable.
(6) Costs for Relocation or Deaccession .
Unless otherwise requested by a person or agency requesting Relocation or
Deaccession and approved by the Public Art Advisory Committee, costs for
appraising, cleaning or minor repairs to a Work of Art as needed to be suitable
for display should be charged to the original Resident Agency . Transportation
to storage or a new location should be charged to the original Resident Agency .
Installation or any major conservation, reframing, or similar activity should
be charged to the new Resident Agency . Costs may be negotiated in the best
interests of each entity.
(7)
Compliance with Applicable Policies and Regulations. Decaccession of Works of
Art shall be done in a manner that complies with all other applicable state and
federal law. For example, Decaccession must comply with applicable procedures
and laws relating to the disposition of State property and with laws protecting
Artists' rights.
Notes
Stat. Auth.: ORS 359.025, 359.142
Stats. Implemented: ORS 276 .073 - 276 .090
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.