40 Neb. Admin. Code, ch. 1, § 005
When a work is to be commissioned, the Nebraska Arts Council and the project agency will first meet with the selected artist to discuss the project. If no agreement can be reached, the artist may be requested to resubmit alternative examples of designs for the project to the 1% for Art Committee. If these designs do not meet with the approval of the 1% for Art Committee and/or if the artist is unable to meet the requirements of the project timeline, negotiations with the artist will be terminated. Negotiations will then begin with the second most qualified artist out of the original group of applicants. If an agreement cannot be reached with the second most qualified artist, negotiations with that artist will be terminated and negotiations will then begin with the third most qualified artist and so on. Should the Nebraska Arts Council fail to negotiate a satisfactory contract with any of the selected artists from the original group of applicants, the project be referred to another round of selections or another method of selection may be used.
40 Neb. Admin. Code, ch. 1, § 005