(a) Definitions. As used in this section:

1. (1) “Accession” means the formal process used to accept and record an object as a collection item;

2. (2)

   1. (A) “Collections” means the general term used for all material holdings of the Old State House Commission in the name of the State of Arkansas.
   2. (B) Specific categories are defined below;
3. (3) “Deaccession” means the formal process used to remove an object permanently from the collections;

4. (4) “Equipment collection” means those objects:

   1. (A) Used to maintain the Old State House Commission buildings, grounds, and collections; and
   2. (B) Listed on the state inventory;

5. (5) “Exhibit collections” means those objects that:

   1. (A) Directly enhance the purpose of the Old State House Commission as stated herein; and
   2. (B) Are governed by all the provisions of this section;
6. (6) “Gifts” means those objects that have been donated to the Old State House Commission and for which legal ownership has been transferred to the Old State House Commission at no cost;

7. (7) “Interpretive services collection” means those expendable objects that:

   1. (A) Contribute to the educational programs of the Old State House Commission; and
   2. (B) Are available directly to the public for examination (limited life expectancy);
8. (8) “Library collection” means books and other manuscript materials that can be used by the staff and public to increase their understanding of the Old State House Commission collections and Arkansas history;
9. (9) “Long-term loan” means the transfer of an object or group of objects that enhance the purpose of the Old State House Commission as stated herein, to the Old State House Commission for a specified period of time, but that does not involve transfer of legal ownership;
10. (10) “Noninventoriable equipment” means those expendable objects used to maintain the Old State House Commission buildings, grounds, and collections that are not eligible for state inventory (cost less than twenty-five dollars ($25.00) or have a life expectancy of less than two (2) years);
11. (11) “Prop collection” means those expendable objects that do not enhance directly the purpose of the Old State House Commission as stated herein, but that contribute to and enhance the visual and educational value of exhibit collection objects while they are on public exhibit (limited life expectancy); and
12. (12) “Temporary loan” means the transfer of an object or group of objects to the Old State House Commission for a specified time and purpose, but which does not involve a transfer of legal ownership.

(b) Policy. It is the policy of the commission to:

1. (1) Acquire, retain, and manage collections in the name of the state for the uses they serve in historic research, education, and exhibition, and to preserve the collections for these uses by future generations;
2. (2) Require employees to act responsibly, ethically, and legally in acquiring, accepting, and disposing of historic objects;
3. (3) Discourage by all practical means unethical, illegal, and destructive practices with respect to collecting, transporting, and trafficking in historic materials;
4. (4) Obtain and maintain adequate records concerning objects in the collections, including the place and circumstances of origin and subsequent history;
5. (5) Rely on the competence and judgment of staff, or on other experts acceptable to them, on matters concerning the relevance and usefulness of objects in collections and of objects proposed for acquisition or disposal; and

6. (6) Observe strictly the mandatory provisions and to make reasonable efforts to follow the precatory conditions that may be attached to gifts, to the extent:

   1. (A) Required by prevailing law; and
   2. (B) Advised by competent legal counsel.

(d) Procedures.

1. (1) The following procedures will be observed by and shall guide commission employees in acting in their official capacities, unless and until modified or rescinded by the commission.

2. (2) Acquisition.

   1. (A) Objects shall not be accepted or otherwise acquired for the commission unless the following conditions are met:

(i) The objects are relevant to and consistent with the purposes and activities of the commission;

1. (ii) The commission can provide for the storage, protection, and preservation of the objects under conditions that ensure their availability for its purposes and in keeping with professionally accepted standards; and

   1. (iii) It is intended that the objects shall remain in the collections as long as they retain their:

(b) (b) Authenticity; and

1. (c) (c) Relevance for the purposes of the commission.

   1. (B)

      1. (i) The commission shall not knowingly and willfully accept or acquire any object that was illegally imported to the United States or that was collected or recovered under circumstances that would support or encourage irresponsible damage to or destruction of collecting sites, cultural monuments, or human burial places.
      2. (ii) The commission may, however, accept objects that have been confiscated or offered to it by government authorities.
      3. (iii)

(b) (b) In considering gifts or purchases, the circumstances of the transaction, the reputation of the seller or donor, and available knowledge of the objects’ provenance should leave no doubt that legal and valid title can be transferred to and obtained by the commission.

1. (iv) In complying with these provisions, the director shall consult as widely as possible and necessary with colleagues in the state and elsewhere.

   1. (C)

      1. (i) Title to all objects acquired for the collection shall be obtained free and clear, without restrictions as to use or future disposition.
      2. (ii) When restrictions are attached to an acquisition, every effort shall be made to place a reasonable time limit for which they will apply and to define the conditions under which their force will terminate.
      3. (iii) The commission must approve any restrictions before such an acquisition is accepted.
      4. (iv) Restrictions must be adequately documented and retained as part of the records pertaining to the object.
      5. (v)

(b) (b) Documents pertaining to gifts will bear the notarized signature of the donor and the signature of the director or the Chair of the Old State House Commission.

1. (vi) At the time of acquisition, the object shall be designated for one (1) of the collection categories defined in subsection (a) of this section, above.

   1. (D)

      1. (i) All objects acquired for the commission collections shall be catalogued and documented in the commission records according to standards of the history and museum professions.
      2. (ii) Records shall include evidence that establishes the appropriateness of the acquisition within subdivisions (d)(2)(A) and (d)(2)(B) of this section, above.
      3. (iii) Records of the commission shall include, but not be limited to, state inventory, fixed assets ledger, master donations log, and catalogue, with objects registered as appropriate in each.

2. (3) Incoming loans.

   1. (A) Long-term loans may in rare instances be accepted by the commission, and only after consideration of the following conditions:

      1. (i) The objects are extremely relevant to the purpose of the commission;
      2. (ii) The objects are of unique quality consistent with commission purposes;
      3. (iii) The condition of the object is such that maintenance and storage will not exceed museum resources; and
      4. (iv) Loan of the object will in all probability lead to donation to the commission.

   2. (B) Long-term loans will be:

      1. (i) Accepted for a specified period of time;
      2. (ii) Agreed to by the commission; and
      3. (iii) Subject to an agreement signed by the lender and the director or chair.
   3. (C) Temporary loans may be accepted for specific purposes and for a specified period of time and will be subject to the conditions of the agreement signed by the lender and the director or the director’s designee.

   4. (D)

      1. (i) To the extent practical, the criteria in subdivision (d)(2)(B) of this section shall also be considered in deciding whether to accept loans of objects.
      2. (ii) In any case, with respect to loans, it shall be the responsibility of the Registrar of the Old State House Commission to obtain and retain adequate records of the terms and conditions governing the loan.

3. (4) Appraisals.

   1. (A)

      1. (i) Commission employees shall not, in their official capacities, give appraisals for the purpose of establishing tax-deductible value to gifts offered to the commission.
      2. (ii) They shall not appraise, authenticate, or identify objects under circumstances that could encourage or benefit illegal, unethical, or irresponsible traffic in such materials.
      3. (iii) Identification and authentication may be given for professional or educational purposes only.

   2. (B) The director or the director’s designee is authorized to:

      1. (i) Assign values to collection objects for insurance purposes; and
      2. (ii) Seek appropriate professional expertise to assist in the assignment of insurance values.

4. (5) Collection care.

   1. (A)

      1. (i) Employees of the commission who are in direct contact with collection objects shall be cognizant of general conservation needs of the collection.
      2. (ii) Exhibit preparators shall be responsible for providing specific conservation needs for objects placed on exhibit with the advice of the collections staff and the director.
      3. (iii) The collections staff shall be responsible for following proper conservation methods for objects in storage.
      4. (iv) The director shall make final decisions regarding treatment needs for individual objects.
   2. (B) Inventory of collections shall occur at regular intervals, and a file system representing the location of each object shall be kept current by the registrar at all times.
   3. (C) The commission shall provide a fine arts insurance policy for the protection of collections in the amounts deemed appropriate by the director.
   4. (D) Flash photography will not be permitted in areas of collection exhibit or storage without the express consent of the director.

5. (6) Availability of collection.

   1. (A) Existing photographic reproductions of collection objects shall be made available to the general public upon request and for a reasonable fee.

   2. (B)

      1. (i) Public access to nonexhibit areas for collection examination will not be permitted normally.
      2. (ii) Supervised access to the collection shall be granted on an individual basis by the director or collections staff for purposes of research or security inspection.

6. (7) Truth in presentation.

   1. (A) The collections will be used to disseminate knowledge with honesty and objectivity.
   2. (B) They will not be used to perpetuate myths or stereotypes.

7. (8) Disposal.

   1. (A) Procedures for objects missing from the collection shall follow those set forth in the State Accounting Manual, Part V, Chapter I, and successive rules.

   2. (B)

      1. (i) Objects in the collection shall be retained permanently if they:

(b) (b) Can be properly:

1. (1) (1) Stored;
2. (2) (2) Preserved; and

3. (3) (3) Used.

   1. (ii) Objects may be removed from the collection and disposed of:

(b) (b) In the interest of improving the collections for the commission’s purposes.

1. (C) In considering the removal of objects from the collections, the judgment of appropriate staff members shall be sought and, to the extent practical, followed.

   1. (D)

      1. (i) In the normal management of collections, the director may lend objects when they no longer have relevance for the commission’s purposes or when the interests of history can best be served by such an action.
      2. (ii) No objects belonging to the commission will be loaned to private individuals.
      3. (iii)

(b) (b) Borrowing institutions will be required to sign an agreement with the director detailing the conditions of the loan.

1. (c) (c) Requests for objects from the collections will be considered individually, and loans will be made only at the final discretion of the director.

   1. (d) (d) Requests for loans must be submitted to the director in writing.

   2. (E)

      1. (i) The permanent disposal from the collections of any object in the exhibit, library, or equipment collections shall require the express approval of the director and commission.
      2. (ii) All other collection categories shall require the approval of the director.

   3. (F)

      1. (i) Before disposing of any object from the collection, reasonable efforts shall be made to ascertain that the commission is free to do so.
      2. (ii) Where restrictions as to use or disposal of the object under question are found to apply, the commission shall act as follows:

(b)

1. (1) (b)(1) Objects to which precatory restrictions apply shall not be disposed of until reasonable efforts are made to comply with the restricting conditions.

2. (2) (2) The commission will make reasonable efforts to notify the donor if it intends to dispose of the object within ten (10) years of receiving the gift or within the donor’s lifetime, whichever is less; and

   1. (c) (c) If there is any question as to the intent or force of restrictions the commission will seek the advice of legal counsel.

   2. (G) Objects removed from the collections permanently will be disposed of in accordance with the following principles, insofar as it is practical to do so:

      1. (i) The manner of disposal shall be in the best interests of the:

(b) (b) Public it serves;

1. (c) (c) Public trust it represents in owning the collections; and

   1. (d) (d) Scholarly and historic communities it represents;

      1. (ii) Material that is part of the historic or cultural heritage of the State of Arkansas or of the United States should remain in the state or country, respectively;
      2. (iii)

(a) (a) Consideration will be given to placing the objects through gift, exchange, or sale in another tax-exempt public institution where they may serve purposes in:

1. (1) (1) Research;
2. (2) (2) Education; or
3. (3) (3) Exhibit.

(b) (b) If objects are offered for sale elsewhere preference will be given for sale at public auction or to the public marketplace in a manner that will best protect the interests, objectives, and legal status of the commission;

1. (iv) The proceeds realized from sales will be allocated to the purchase of objects for the collection or to otherwise support acquisition, management, and preservation of the collection;

   1. (v) Objects will not be given or sold privately to:

(b) (b) Commission members; or

1. (c) (c) Their representatives; and

   1. (vi) Objects may be acquired by employees or commission members at public sale with full disclosure.

   2. (H) Catalogues of the commission and other records shall document the:

      1. (i) Removal of objects from the collection; and
      2. (ii) Conditions of their disposal.

2. (9) Personal collecting.

   1. (A)

      1. (i) The commission encourages its employees to pursue personal activities related to their job responsibilities.
      2. (ii) The commission reserves the right, however, to require that employees inform it through the director of personal collections in the areas that the commission collects.
      3. (iii) If an employee acquires an object through purchase that directly enhances the purposes of the commission, the commission must be given the opportunity to acquire the object within sixty (60) days of the employee’s notification, at the price paid by the employee.

   2. (B)

      1. (i) Commission employees may not use their professional positions to promote personal collecting activities.
      2. (ii) No employee may participate in dealing, i.e., buying and selling for profit, in objects similar to those collected by the commission.

(e) Return of collections.

1. (1) Should evidence be presented to the commission that any object in its possession was acquired subsequent to the date on which this part is approved by the commission, in violation of the principles in subdivision of (d)(2)(B) of this section, the commission will investigate the circumstances.
2. (2) If justified by the investigation, the commission will return the object to its rightful or legal owner, to the extent that is legally possible and practical to do so.

(f) Reversion of collections.

1. (1) It is understood that the commission holds property in the name of the State of Arkansas.
2. (2) If for any reason the commission should cease to exist, all property held by it through legal title will remain property of the State of Arkansas.