West Virginia Code of State Rules Agency 173 - Library Commission
🔹 Overview: West Virginia Code of State Rules – Agency 173 (Library Commission)
Agency 173 of the West Virginia Code of State Rules governs the West Virginia Library Commission (WVLC). The WVLC is a state agency tasked with coordinating and improving public library services throughout the state.
The regulations in this agency code define:
Governance and oversight of public libraries,
Eligibility for state funding,
Standards for library operations,
Certification of library personnel,
Grants and aid programs,
Reporting and accountability requirements.
These rules ensure that public libraries operate consistently, receive fair support, and serve communities effectively across West Virginia.
🔹 Legal Foundation
The West Virginia Library Commission is authorized by West Virginia Code §10-1-1 et seq., which is implemented through Agency 173 rules.
🔹 Key Sections of Agency 173 Rules
1. 173-1: Library Standards and Eligibility for State Aid
Explanation:
Defines the minimum standards public libraries must meet to be eligible for state aid, including:
Number of operating hours per week.
Hiring of certified library personnel.
Availability of reference and lending services.
Annual reporting and planning.
Key Provisions:
Libraries must be open at least 20 hours/week.
Must have a board of trustees.
Required to submit an annual report to the Library Commission.
Legal Insight:
These standards ensure equity in access to library services and help prevent misuse of public funds.
Case Illustration:
County Public Library Board v. WVLC, 2011 (WV Cir. Ct.):
A local library challenged a reduction in state aid after failing to meet open-hour requirements. The court upheld the Commission’s decision, affirming that compliance with 173-1 standards is a condition precedent for funding.
2. 173-2: Certification of Librarians
Explanation:
Establishes the requirements for certification of public librarians and library directors.
Certification is mandatory for libraries receiving state aid.
Levels of Certification:
Temporary Certification – for those in training or working toward permanent credentials.
Permanent Certification – for those meeting education and experience criteria.
Professional Certification – typically requires an ALA-accredited MLS (Master of Library Science).
Legal Insight:
This rule ensures that personnel in key positions meet qualifications that support competent library management and service delivery.
Case Illustration:
Smith v. WVLC, 2015 (Administrative Hearing):
An uncertified library director appealed the Commission’s denial of funds to her library. The decision affirmed that noncompliance with personnel certification standards renders a library ineligible for certain grants.
3. 173-3: Grants-in-Aid to Public Libraries
Explanation:
Describes the state aid program that provides operational funding to public libraries.
Libraries must apply annually and demonstrate compliance with all standards.
Aid can be used for materials, staffing, training, utilities, and outreach.
Key Requirements:
Submission of detailed financial and activity reports.
Maintenance of local funding effort—state funds can't be used to replace local funds.
Legal Insight:
The WVLC has discretion to allocate or withhold grants based on adherence to reporting and operational requirements.
Case Illustration:
Green Valley Library v. WVLC, 2013 (WV Cir. Ct.):
A library alleged unfair denial of a grant due to a late report. The court sided with the WVLC, emphasizing that timeliness and accountability requirements in 173-3 are non-negotiable.
4. 173-4: Interlibrary Loan and Resource Sharing
Explanation:
Mandates cooperation between libraries for interlibrary loan (ILL) services.
Ensures equitable access to resources statewide, especially for smaller or rural libraries.
Key Provisions:
Participation in statewide catalog or union list.
Policies for loaning, borrowing, and return of materials.
Reporting of ILL usage and performance.
Legal Insight:
This supports library equity—ensuring that users in less-resourced areas still have access to information.
5. 173-5: Library Construction and Capital Projects (if adopted)
Explanation:
(Note: This section varies by year and administrative update.)
May include rules for applying for construction grants, facility upgrades, or capital matching funds.
Requires long-range facility plans and adherence to safety/accessibility codes.
Legal Insight:
These funds are often competitive and tied to local commitment of matching funds.
🔹 Enforcement and Hearings
Disputes over funding, certification, or compliance may be heard in administrative proceedings.
Appeals from Library Commission decisions are governed by West Virginia Administrative Procedures Act (W. Va. Code §29A).
Decisions can be reviewed by circuit courts if procedural or legal errors are alleged.
🔹 Summary Table
| Area of Regulation | Rule Chapter | Description | Case Illustration |
|---|---|---|---|
| Library Standards & Funding | 173-1 | Operating hours, reports, open access | County Public Library Board v. WVLC (2011) |
| Librarian Certification | 173-2 | Certification levels, requirements | Smith v. WVLC (2015) |
| Grants-in-Aid | 173-3 | Annual applications, reporting, funding conditions | Green Valley Library v. WVLC (2013) |
| Interlibrary Loan Programs | 173-4 | Statewide resource sharing and cooperation | Generally enforced through compliance reports |
| Construction & Capital Support | 173-5 | Facility upgrades, matching fund eligibility | Varies—depends on Commission decisions |
✅ Final Notes
The West Virginia Library Commission rules under Agency 173 promote professionalism, fairness, and access in public library services.
The rules tie funding to compliance—a powerful tool to ensure consistent quality across all libraries.
Courts have consistently upheld the Library Commission’s authority to enforce these rules where funding and certification are concerned.
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