State Experience

Blower v. West Virginia Educational Broadcasting Authority, 182 W.Va. 528, 389 S.E.2d 739 (1990): This Supreme Court ruling stated under 360k45 Establishment of Executive Departments or Boards…In determining whether a particular organization is a state agency, the Supreme Court of Appeals will examine its legislative framework; in particular, it will look to see if its powers are substantially created by the legislature and whether its governing board’s composition is prescribed by the legislature and other significant factors are whether the organization can operate on a statewide basis, whether it is financially dependent on state funds and whether it is required to deposit its funds in state treasury.