West Virginia Code of State Rules Agency 133 - Higher Education Policy Commission
West Virginia Code of State Rules – Agency 133: Higher Education Policy Commission
1. Overview
Agency 133 contains the procedural rules established by the West Virginia Higher Education Policy Commission (HEPC). These rules govern public higher education in West Virginia, covering areas such as:
Academic program approval
Accountability systems for colleges and universities
Student financial aid programs
Personnel policies for faculty and staff
Institutional governance standards
Legal Authority:
The Commission’s rule-making authority comes from West Virginia Code § 18B‑1B‑1 et seq., which establishes the HEPC and defines its powers to oversee public higher education institutions.
Purpose:
Agency 133 ensures consistency, transparency, and compliance with statutory requirements while balancing institutional autonomy with public accountability.
2. Structure of Agency 133
Agency 133 is organized into multiple series, each covering a distinct policy area. Some key series include:
Series 133‑03: Higher Education Accountability System
Establishes performance metrics for public institutions, including student outcomes, financial efficiency, and institutional effectiveness.
Institutions must report regularly to demonstrate accountability for public funding.
Series 133‑04: Administrative Procedures
Governs how institutions adopt or amend internal policies.
Defines procedural rules for public notice, faculty or student input, and administrative review.
Series 133‑08: Personnel Administration
Covers classifications, job evaluations, salary administration, and personnel processes.
Ensures fair treatment of employees within statutory guidelines.
Series 133‑09: Academic Freedom, Promotion, and Tenure
Sets baseline standards for faculty tenure and promotion.
Protects academic freedom while ensuring compliance with institutional policies.
Series 133‑11: Academic Program Approval
Outlines procedures for proposing new degree programs or discontinuing existing ones.
Ensures programs align with institutional missions and state workforce needs.
Series 133‑20 & 133‑52: Authorization of Degree-Granting Institutions
Governs how private and out-of-state institutions can operate in West Virginia.
Requires institutions to demonstrate financial stability, accreditation, and compliance with consumer protections.
Annual reauthorization is required to maintain legal operation.
Series 133‑31: Ethics and Governance
Provides ethics guidelines for institutional governing boards.
Ensures compliance with state ethical standards in decision-making.
3. Key Legal Principles
Courts interpreting Agency 133 rules follow general administrative law principles:
Rule Validity:
Rules must be properly promulgated following procedural requirements.
Improperly adopted rules are invalid and unenforceable.
Statutory Consistency:
HEPC rules cannot exceed the authority granted by the West Virginia Legislature.
Rules must align with statutory protections for employees, students, and institutions.
Procedural Compliance:
Actions taken under Agency 133 must comply with procedural safeguards, including due process and open meeting requirements.
4. Case Law Examples
A. West Virginia University Board of Governors v. HEPC (2007)
Issue: Whether HEPC properly amended rules regarding faculty salary and personnel administration.
Holding: The court ruled that the Commission failed to follow required procedural rule-making steps. Therefore, the amendment was invalid, and the previous rule remained in effect.
Significance: HEPC must strictly follow procedural requirements when adopting or amending rules; failure renders rules unenforceable.
B. Frymier v. HEPC (2007)
Issue: Dispute involving tenure and employment procedures at a public institution.
Holding: Courts held that HEPC rules governing tenure and personnel must comply with statutory employment protections.
Significance: Administrative rules cannot override statutory rights; employees’ statutory protections must be respected.
C. Open Meetings/Procedural Compliance Cases
HEPC actions have been challenged under open government laws. Courts emphasize that decisions involving program approval, hiring, or funding must comply with public meeting requirements.
Significance: Procedural compliance is as important as substantive policy; violations can invalidate HEPC actions.
5. Practical Implications
For Institutions:
Must follow rules for academic program proposals, personnel actions, and reporting requirements.
Ensure compliance with authorization rules before recruiting students or offering programs.
For Students and Consumers:
Authorization rules protect students from unaccredited or financially unstable institutions.
Rules require transparency in advertising, financial aid, and degree offerings.
For Employees:
Personnel and tenure rules provide a framework for fair treatment.
Statutory protections supersede HEPC rules if conflicts arise.
6. Summary
Agency 133 is the central body of procedural rules for the West Virginia Higher Education Policy Commission. It ensures:
Accountability of public institutions
Proper authorization of degree-granting institutions
Fair personnel and academic policies
Compliance with statutory and procedural requirements
Key Takeaways from Case Law:
HEPC must strictly follow procedural rule-making requirements.
Rules cannot conflict with statutory protections for employees or students.
Courts will enforce procedural safeguards, including open meeting compliance and due process, when reviewing HEPC actions.
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