West Virginia Code of State Rules Agency 195 - Educational Broadcasting Authority
1. What is Agency 195 - Educational Broadcasting Authority?
Agency 195 refers to the state agency created by West Virginia law to oversee and operate educational broadcasting in the state. This includes TV and radio broadcasting with a focus on educational content.
The rules in the West Virginia Code of State Rules (CSR) under Agency 195 establish how this agency is organized and functions.
2. Organization and Powers under West Virginia Law
West Virginia law establishes the Educational Broadcasting Authority (EBA) with:
A board or commission made up of appointed members from across the state.
The ability to create committees (such as an Executive Committee) to handle day-to-day business.
Authority to operate broadcasting stations and networks to serve educational purposes.
The power to accept funds from state appropriations, federal grants, donations, and gifts.
Responsibility for setting policies for educational broadcasting within West Virginia.
3. Internal Governance (Example: Rule 195-1-4)
One of the key procedural rules under Agency 195 is Rule 195-1-4, which says:
The Authority can establish committees made up of members or non-members.
Committees select their own chairpersons.
The Executive Committee is specifically composed of the chair, vice-chair, and one additional member.
The Executive Committee can make decisions on routine matters, but significant decisions need full Authority approval.
This setup allows the Authority to run efficiently while still keeping final control over important decisions.
4. Legal Status and Case Law (West Virginia Only)
A key West Virginia case on the Educational Broadcasting Authority is:
Blower v. Educational Broadcasting Authority (WV Supreme Court, 1990)
The Court confirmed that the Authority is a state agency created by the West Virginia Legislature.
Because it is a state agency, legal actions involving it must follow West Virginia laws about venue and procedure.
The Authority has powers explicitly given by the Legislature, such as operating statewide educational broadcasting, receiving public funds, and entering contracts.
The Authority’s structure and funding prove it acts on behalf of the State, making it subject to state agency rules.
5. Summary
Agency 195 sets out the organizational and procedural rules for the West Virginia Educational Broadcasting Authority.
The Authority is a state-created agency with statutory powers to operate educational broadcasting.
Its internal governance includes committees and an Executive Committee.
The West Virginia Supreme Court has ruled it is a state agency under state law, confirming its legal status.
The Authority can receive and manage state and federal funds and enter into contracts for its mission.
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