1. (1) a general statement of the council's funding policy; and

2. (2) the particular funding criteria, priorities and restrictions to be taken into account in reaching its decisions in each individual program. The council's funding policy, substantive criteria and restrictions shall, inter alia, implement and apply the intentions of the New York State Legislature as set forth in legislation and the annual appropriations bill and as defined by the council and the New York State Division of the Budget.

   1. (i) Funding criteria. The council will, without limitation, take the following factors into account in making its funding decisions on the basis of the criteria prescribed by the individual program guidelines:

      1. (a) quality of the program proposed by the applicant;
      2. (b) managerial and fiscal competence of the applicant, including its capability to carry out the proposed project(s);
      3. (c) service to the public which will result from the applicant's proposed project(s), including number of people served, and the applicant's efforts to widen and/or diversify its audience. In determining whether a proposed project will provide a service to the public, the phrase public performance should be understood to mean an activity that is open to the general public and to which any interested person has access. It does not include activities for which attendance is not voluntary or for which institutional membership is a requirement for admission;
      4. (d) nature and extent of the applicant's planned efforts to educate, interpret and orient the public about the proposed project;
      5. (e) scarcity or availability of comparable services in the same geographic area; and
      6. (f) nature and extent of other available public and private support, whether monetary, in-kind, membership or other.

   2. (ii) Funding restrictions. The council will, without limitation, take the following funding restrictions into account in making its funding decisions. The council is unable or unlikely to fund:

      1. (a) requests for capital expenditures;
      2. (b) requests for major expenditures for the establishment of new organizations;
      3. (c) requests for programs of public school districts or their components or affiliates;
      4. (d) requests for programs of public universities or their affiliates or of New York State agencies and departments;
      5. (e) requests for operating expenses and fellowships at professional training schools that are not open to the general public;
      6. (f) requests for activities restricted to an organization's membership (funded activities must be open to the general public and advertised as such);
      7. (g) requests for programs that are essentially recreational, rehabilitational or therapeutic;
      8. (h) requests for operating expenses or privately owned facilities ( e.g., homes and studios);
      9. (i) requests that are greater than an organization's total operating expenses minus total operating income;
      10. (j) requests for those portions of the budgets of organizations that are not directed toward programs in New York State; and

      11. (k) requests for entertainment costs (e.g., theatre parties, museum openings, receptions and fundraising benefits).

          (d) Council organization.

          The guidelines shall include an overview of the council's review process and a description of the functions of the staff, the advisory panels, the council committees and the council. The guidelines shall also outline the requirements of the application process for those who wish to apply for funds in accordance with this section. The guidelines shall further contain a brief description of the cultural services contract which funded organizations must execute upon receiving funding from the council and shall outline the grounds for appeal and the process which is available to applicants who wish to appeal a funding decision of the council.

          (e) Forms and instructions.

          The guidelines shall include or describe the necessary application forms and provide explanatory instructions for completing such forms.

          (f) Open meetings.

          The guidelines shall inform the public of the council's open meeting policy as stated in section 6403.2 of this Part.

          (g) Freedom of information.

          The guidelines shall inform the public of the right to obtain access to records and documents in accordance with the Freedom of Information Law.

The council shall publish guidelines at least biennially. The purpose of the council's guidelines shall be to provide all interested members of the public with a general overview of the council's operations and procedures. Copies of the guidelines shall be available during regular business hours at the office of the council upon request. The guidelines shall include the following information:

(a) Description of council programs.

The guidelines shall include information about the various artistic programs of the council and the specific funding categories within each such program.

(b) Eligibility criteria.

The guidelines shall identify the specific criteria which will be used to determine the eligibility of organizations which apply to the council for funding. Eligibility criteria may vary from year to year depending on the language of the annual appropriations bill passed by the New York State Legislature. Eligibility is limited to nonprofit organizations.

(c) Funding policy and funding criteria.

The guidelines shall contain: