West Virginia Code of State Rules Agency 195 - Educational Broadcasting Authority
1. What is Agency 195 — Educational Broadcasting Authority?
Agency 195 is the part of the West Virginia Code of State Rules that contains the procedural rules for the Educational Broadcasting Authority (sometimes called the Educational Broadcasting Commission).
Its purpose is to govern how the Authority operates internally, including meetings, committees, advisory councils, and affiliations.
The Authority itself is responsible for noncommercial educational broadcasting in West Virginia, such as public TV, radio, and distance learning.
Statutory Authority:
West Virginia Code §10-5-3 gives the Authority power to:
Promote and coordinate educational broadcasting statewide.
Acquire property and operate facilities.
Enter contracts and cooperate with educational institutions.
Adopt rules necessary to carry out its mission.
The rules in Agency 195 are its procedural implementation of that statutory authority.
2. Contents of Agency 195 (Procedural Rules)
Agency 195 is generally organized as Series 195-01: Organization Procedures. The main sections are:
Section 195-1-1 — General
Defines the purpose and scope of the rules.
Confirms authority to adopt rules under both the Administrative Procedures Act and the Educational Broadcasting Authority statute.
Section 195-1-2 — Authority Meetings
Governs how meetings are conducted.
Includes quorum requirements and decision-making procedures.
Section 195-1-3 — Notice of Meetings
Specifies how and when notices of meetings are given to members and the public.
Section 195-1-4 — Authority Committees
Explains the creation, responsibilities, and reporting of committees.
Ensures efficient internal organization.
Section 195-1-5 — Advisory Councils
Advisory councils provide expert or community input on broadcasting programs and policy.
Can include educators, broadcasters, and public representatives.
Section 195-1-6 — Authority Affiliations
Covers formal partnerships with other state agencies, nonprofits, and federal broadcasting entities.
Ensures coordinated statewide broadcasting efforts.
Summary: These rules do not cover content standards but focus entirely on organizational procedures to ensure transparency and compliance with administrative law.
3. Relationship Between the Rules and the Statute
Statute (§10-5-3): Grants authority to organize, regulate, and operate educational broadcasting in West Virginia.
Rules (Agency 195): Implement the statutory powers in day-to-day operations:
Organizing meetings and committees.
Engaging advisory councils.
Coordinating affiliations.
This ensures the Authority exercises its powers consistently, transparently, and legally.
4. Case Law Involving the Authority
Blower v. West Virginia Educational Broadcasting Authority, 182 W.Va. 528, 389 S.E.2d 739 (1990)
Facts: A former employee sued the Authority for unpaid wages. The Authority claimed it was a state agency so the case had to be filed in a specific venue.
Issue: Is the Educational Broadcasting Authority a state agency?
Holding: Yes, the Authority is a state agency.
Reasoning: The court applied a test considering:
Whether its powers are created by statute.
Whether its governing board is set by statute.
Whether it operates statewide.
Whether it relies on public funds.
Whether it deposits funds into the state treasury.
Impact: Confirms that the Authority has official state agency status, which affects lawsuits, administrative procedures, and transparency requirements.
5. Practical Implications
Governance: The rules ensure the Authority operates properly with clear meeting, committee, and advisory procedures.
Transparency: Notice and meeting rules promote public accountability.
Legal Compliance: Agency 195 ensures compliance with the West Virginia Administrative Procedures Act.
Public Service: Supports the Authority’s mission to deliver educational broadcasting effectively and fairly statewide.
6. Summary Table
| Element | Description |
|---|---|
| Agency 195 | Procedural rules for the Educational Broadcasting Authority |
| Statutory Basis | W.Va. Code §10-5-3 (Authority powers) |
| Content | Meetings, committees, advisory councils, affiliations |
| Key Case | Blower v. WV Educational Broadcasting Authority — confirms Authority is a state agency |
| Purpose | Organize internal operations, ensure transparency, comply with law, promote educational broadcasting |
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