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TITLE 13CULTURAL RESOURCES
PART 2TEXAS HISTORICAL COMMISSION
CHAPTER 29MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS
RULE §29.6Certification of Curatorial Facilities for State-Associated Held-in-Trust Collections

end of the certification period. The curatorial facility must wait two years before reapplying for certification, at which time it will be certified only if it has addressed all prior deficiency and disabling factors.

    (E) Provisional status.

      (i) If the Commission determines that the curatorial facility does not meet all of the qualifications for certification, but should be granted provisional status, the curatorial facility must submit a plan and schedule for correcting the factors to the Commission within 90 days of the approval of provisional status. The Commission shall consider the plan and schedule and either approve it or return it to the curatorial facility with suggested revisions. The curatorial facility shall resubmit the plan and schedule until approved by the Commission. If such factors are addressed and appropriate evidence of such measures is presented to the Commission, the Commission may grant certification to the curatorial facility at the next succeeding quarterly meeting of the Commission.

      (ii) A curatorial facility that is granted provisional status shall be considered as a certified curatorial facility unless it subsequently fails to address the disabling and deficiency factors within the time allotted, at which time the Commission may vote to deny certification.

      (iii) Provisional status shall initially be granted for a period of three years. The period may be extended for up to three one-year increments by the Commission if the curatorial facility is determined to be making progress in remedying the disabling and deficiency factors. Provisional status may not be extended beyond the six-year limit. Each extension will require justification and a vote of the Commission.

    (F) Except as provided by this subchapter, a curatorial facility that is denied certification by the Commission may not reapply for certification within one year of the denial of its application.

(c) Appeal.

  (1) If the executive director has determined that the review of an application for certification of a curatorial facility should be terminated prior to field review, the curatorial facility may appeal that decision to the Commission by requesting in writing a review of the decision at the next succeeding quarterly Commission meeting, provided that such request must be received not less than 30 days prior to the meeting. The curatorial facility and the executive director may submit arguments in writing to the Commission concerning the appeal.

  (2) If the executive director and/or staff recommend against certification of a curatorial facility, the facility may respond in writing to such recommendation. If the curatorial facility determines that it needs additional time to respond to the staff and/or executive director's recommendation, it may request that the consideration of the certification be delayed until the next succeeding quarterly meeting, and shall submit its response not less than 30 days prior to the next succeeding quarterly meeting. Only one such delay in the consideration of certification shall be granted, except on vote of the Commission.

  (3) The staff or the executive director may comment on any response of the curatorial facility.

  (4) Except as may otherwise be provided by law, the decision of the Commission on certification of a curatorial facility is final.

(d) Criteria for Certification. Each applicant for certification must meet the following criteria to be certified.

  (1) The Commission shall develop and adopt objective criteria for the evaluation of curatorial facilities.

  (2) The criteria shall be in writing and shall be made available to any person requesting them.

  (3) The evaluation shall focus on the care and management of all state-associated held-in-trust collections present at the facility.

  (4) The following certification criteria will be used to evaluate curatorial facilities:

    (A) Governance.

      (i) specific mission statement;

      (ii) institutional organization document; and

      (iii) evidence of not-for-profit status.

    (B) Clear Fiscal Plan.

    (C) Policy. Written, integrated collections management policy addressing:

      (i) acquisitions;

      (ii) scope of collections;

      (iii) legal title;

      (iv) held-in-trust agreements;

      (v) contract of gift;

      (vi) accessioning;

      (vii) deaccessioning and disposal of collections or collection items;

      (viii) cataloging;

      (ix) loans;

      (x) destructive loans of held-in-trust collections;

      (xi) inventory;

      (xii) adequate and appropriate insurance;

      (xiii) appraisals;

      (xiv) access to collections;

      (xv) record keeping;

      (xvi) collections care;

      (xvii) conservation;

      (xviii) emergency preparedness;

      (xix) integrated pest management; and

      (xx) security.

    (D) Procedures. Written, integrated collections management procedures addressing:

      (i) acquisitions;

      (ii) held-in-trust agreement;

      (iii) accessioning;

      (iv) deaccessioning and disposal of collections or collection items;

      (v) cataloging;

      (vi) loans;

      (vii) destructive loans of held-in-trust collections;

      (viii) inventory;

      (ix) insurance;

      (x) access to collections;

      (xi) record keeping;

      (xii) collections care;

      (xiii) conservation;

      (xiv) emergency preparedness;

      (xv) integrated pest management; and

      (xvi) security.

    (E) Physical Facilities.

      (i) sound, appropriate structure;

      (ii) adequate and appropriate insurance;

      (iii) security system;

      (iv) fire prevention, detection, and suppression programs; and

      (v) environmental controls (temperature, relative humidity, air particulates).

    (F) Staff.

      (i) written code of ethics;

      (ii) written job descriptions;

      (iii) minimum one full-time staff member trained in collections care; and

      (iv) support for staff training programs in collections care and memberships to museum-related organizations.

    (G) Visiting scholars and researchers.

      (i) written policy concerning access to collections; and

      (ii) written procedures concerning security, access, and handling of collections.

    (H) Records management.

      (i) functional accession, catalog, inventory, and photo documentation system;

      (ii) updated and current list of held-in-trust state-associated collections; and

      (iii) baseline inventory of each held-in-trust state-associated collection.

    (I) Collections care.

      (i) housing;

        (I) appropriate housing units with adequate and appropriate space; and

        (II) accessible and organized collections.

      (ii) packaging;

        (I) appropriate materials;

        (II) appropriate object spacing; and

        (III) appropriate organization of collections.

(e) Application of criteria. In making the determination of certification status, all of the above criteria are considered. In particular, at the Application stage, the curatorial facility must fit the definition; have a mission statement, a statement of purpose, and a scope-of-collections statement; and have a written integrated collections management policy. If the curatorial facility does not meet these three basic criteria, then certification is denied and the process goes no further. At the Commission level, disabling factors could prevent certification. Deficiency factors could result in provisional status or denial. Where appropriate, the criteria for evaluation for curatorial facilities to be developed by the commission will contain objective standards against which disabling and deficiency factors are measured.

  (1) Disabling factors are the absence of any of the following:

    (A) written procedures and plans;

    (B) written held-in-trust agreements for state-associated collections;

    (C) list of held-in-trust state-associated collections;

Cont'd...

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