Rules & Regulations of the State of Tennessee Title 0140 - Arts Commission
Rules & Regulations of Tennessee — Title 0140: Arts Commission
1. Overview
Title 0140 is the set of administrative rules for the Tennessee Arts Commission (TAC). The Commission’s main role is to:
Support, develop, and promote the arts in Tennessee.
Encourage public participation in the arts.
Protect and promote freedom of artistic expression.
Preserve and expand cultural heritage.
These rules are based on the statutory authority given to the Commission in Tennessee Code Annotated § 4-20-105.
Title 0140 is divided into one chapter: Chapter 0140‑01 — Rules of the Tennessee Arts Commission.
2. Key Sections of Chapter 0140‑01
§ 0140‑01‑.01 — Definitions
Defines important terms used in all rules:
Applicant: An individual or organization applying for TAC grants.
Commission: The Tennessee Arts Commission itself.
Executive Director: Head of the Commission, responsible for day-to-day administration.
Appeal: The process for challenging a TAC decision.
These definitions ensure uniform understanding and avoid ambiguity.
§ 0140‑01‑.02 — Summary and Purpose
This section explains the mission of TAC:
Promote performing, visual, and literary arts in Tennessee.
Encourage public arts participation and education.
Support Tennessee’s cultural heritage and resources.
Ensure artistic freedom and excellence.
Legal importance: This section forms the basis for TAC’s authority to make rules and award grants.
§ 0140‑01‑.03 — Qualifications of Grant Applicants
Sets rules on who can apply for grants:
Individuals: Must be residents of Tennessee.
Organizations: Must be nonprofit and legally registered in Tennessee (or work with a fiscal sponsor that is).
Must comply with federal and state labor and nonprofit regulations.
Purpose: Ensures that grant funds are distributed to eligible and accountable recipients.
§ 0140‑01‑.04 — Grantsmaking Authority
Gives TAC the power to:
Create guidelines for grant programs.
Fund projects in areas such as music, theater, dance, literature, folk arts, visual arts, and community arts development.
Periodically revise grant procedures.
Importance: Standardizes how grants are awarded and ensures transparency and fairness.
§ 0140‑01‑.05 — Powers of Commission Staff
Staff are authorized to handle the administrative work of TAC:
Process applications.
Communicate with applicants.
Ensure compliance with rules.
This delegation allows the Executive Director and staff to manage day-to-day operations efficiently.
§ 0140‑01‑.06 — Administrative Review / Appeals
Applicants can appeal TAC decisions if they feel there has been:
Procedural errors in grant processing.
Misapplication of the rules.
Process:
Appeals must be filed within a specific timeframe.
The Executive Director reviews and issues a written decision.
Legal principle: This internal review is required before any judicial review.
3. Interaction with Tennessee Administrative Procedure Act (UAPA)
All TAC rules are subject to the Uniform Administrative Procedures Act (UAPA):
Governs how rules are made, amended, or repealed.
Governs judicial review of agency decisions.
Ensures decisions are not arbitrary or capricious and are supported by substantial evidence.
Key judicial principles under UAPA:
Agencies must act within statutory authority.
Courts defer to agency expertise on technical matters.
Courts will invalidate decisions that are unreasonable, lack evidence, or violate procedural rules.
4. Case Law Context (General Principles)
Even though there are no widely reported Tennessee appellate cases specifically interpreting Title 0140, general principles of administrative and arts-related law apply:
National Endowment for the Arts v. Finley (1998, U.S. Supreme Court):
Grants agencies broad discretion in funding artistic projects.
Courts do not second-guess artistic judgment, as long as decisions follow legal procedures.
Matthew Long v. Chattanooga Fire & Police Pension Fund (2025, Tennessee Supreme Court):
Courts review administrative decisions for arbitrariness and substantial evidence.
Decisions must have a rational basis in law and fact.
Implication for TAC:
Grant denial or appeal decisions are reviewed based on procedure and evidence, not subjective judgment about art quality.
5. Practical Application
Grant Eligibility: Only qualified individuals or organizations may apply.
Appeals: Applicants can appeal procedural errors before filing for judicial review.
Rule Enforcement: Staff ensures compliance with grant rules.
Discretion: Artistic quality decisions are largely left to the Commission, as long as rules are followed.
6. Summary Table of Sections
| Section | Content | Key Legal/Practical Point |
|---|---|---|
| §0140‑01‑.01 | Definitions | Clarifies terms to avoid ambiguity. |
| §0140‑01‑.02 | Purpose | Establishes statutory authority and mission. |
| §0140‑01‑.03 | Grant Qualifications | Sets who may apply and ensures accountability. |
| §0140‑01‑.04 | Grants Authority | Standardizes grant programs and funding. |
| §0140‑01‑.05 | Staff Powers | Delegates administrative authority. |
| §0140‑01‑.06 | Appeals | Provides internal review process for decisions. |
7. Key Takeaways
TAC rules provide eligibility, authority, and procedural guidance for grants and arts programs.
All decisions are subject to administrative law standards, ensuring fairness and accountability.
Courts defer to the Commission on artistic judgment but require compliance with procedures.
Appeals and administrative review ensure transparency and due process for applicants.
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