2023 West Virginia Code › Chapter 5F. Reorganization of the Executive Branch of State Government › Article 2. Transfer of Agencies and Boards › §5F-2-1. Transfer and Incorporation of Agencies and Boards; Funds

(a) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Public Employees Insurance Agency provided in 5-16-1
et seq.
of this code;
(2) Governor's Mansion Advisory Committee provided in 5A-5-1
et seq.
of this code;
(3) Commission on Uniform State Laws provided in 29-1A-1
et seq.
of this code;
(4) West Virginia Public Employees Grievance Board provided in 6C-3-1
et seq.
of this code;
(5) Board of Risk and Insurance Management provided in 29-12-1
et seq.
of this code;
(6) Boundary Commission provided in 29-23-1
et seq.
of this code;
(7) Public Defender Services provided in 29-21-1
et seq.
of this code;
(8) Division of Personnel provided in 29-6-1
et seq.
of this code;
(9) West Virginia Ethics Commission provided in 6B-2-1
et seq.
of this code;
(10) Consolidated Public Retirement Board provided in 5-10D-1
et seq.
of this code; and
(11) Real Estate Division provided in 5A-10-1
et seq.
of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in 21-1-1
et seq.
of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in 21-3A-1
et seq.
of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in 21-9-1
et seq.
of this code.
(2) Office of Miners' Health, Safety, and Training provided in 22A-1-1
et seq.
of this code. The following boards are transferred to the Office of Miners' Health, Safety, and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in 22A-6-1
et seq.
of this code;
(B) Board of Miner Training, Education, and Certification provided in 22A-7-1
et seq.
of this code; and
(C) Mine Inspectors' Examining Board provided in 22A-9-1
et seq.
of this code.
(3) Division of Natural Resources and Natural Resources Commission provided in 20-1-1
et seq.
of this code;
(4) Division of Forestry provided in 19-1A-1
et seq.
of this code;
(5) Geological and Economic Survey provided in 29-2-1
et seq.
of this code;
(6) Workforce West Virginia provided in chapter 21A of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development;
(D) Division of Research, Information and Analysis; and
(7) Division of Rehabilitation Services provided in 18-10A-1
et seq.
of this code.
(c) The Economic Development Authority provided in 31-15-1
et seq.
of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in 22C-1-1
et seq.
of this code is continued as an independent agency within the executive branch.
(e) The West Virginia Educational Broadcasting Authority provided in 10-5-1
et seq.
of this code is continued as a separate independent agency within the Department of Arts, Culture, and History, which shall provide administrative support for the authority.
(f) The Division of Culture and History as established in 29-1-1
et seq.
of this code is continued as a separate independent agency within the Executive Branch as the Department of Arts, Culture, and History. All references throughout this code to the "Division of Culture and History" means the "Department of Arts, Culture, and History".
(g) The following agencies and boards, including all of the allied, advisory, and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in 22B-2-1
et seq.
of this code;
(2) Solid Waste Management Board provided in 22C-3-1
et seq.
of this code;
(3) Environmental Quality Board, or its successor board, provided in 22B-3-1
et seq.
of this code;
(4) Surface Mine Board provided in 22B-4-1
et seq.
of this code;
(5) Oil and Gas Inspectors' Examining Board provided in 22C-7-1
et seq.
of this code;
(6) Shallow Gas Well Review Board provided in 22C-8-1
et seq.
of this code; and
(7) Oil and Gas Conservation Commission provided in 22C-9-1
et seq.
of this code.
(h) Subject to the provisions of 5F-2-1a of this code, the following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in 5-11-1
et seq.
of this code;
(2) Bureau for Public Health provided in 16-1-1
et seq.
of this code;
(3) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in 16-4C-1
et seq.
of this code;
(4) Health Care Authority provided in 16-29B-1
et seq.
of this code;
(5) The Developmental Disabilities Council established by Executive Order No. 6-88 and continued by Executive Order No. 15-99;
(6) Women's Commission provided in 29-20-1
et seq.
of this code; and
(7) Bureau for Child Support Enforcement provided in 48-1-1
et seq.
of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Homeland Security:
(1) West Virginia State Police;
(2) Division of Emergency Management provided in 15-5-1
et seq.
of this code and Emergency Response Commission provided in 15-5A-1
et seq.
of this code:
Provided
, That notwithstanding any other provision of this code to the contrary, whenever in this code, or a rule promulgated thereunder, a reference is made to the Division of Homeland Security and Emergency Management, it shall be construed to mean the Division of Emergency Management;
(3) Division of Administrative Services;
(4) Division of Corrections and Rehabilitation;
(5) Fire Commission;
(6) State Fire Marshal;
(7) Board of Probation and Parole;
(8) The West Virginia Fusion Center;
(9) Division of Protective Services; and
(10) Any other agency or entity hereinafter established within the Department of Homeland Security by an act of the Legislature.
(j) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in 11-1-1
et seq.
of this code;
(2) Racing Commission provided in 19-23-1
et seq.
of this code;
(3) Lottery Commission and position of Lottery Director provided in 29-22-1
et seq.
of this code;
(4) Insurance Commissioner provided in 33-2-1
et seq.
of this code;
(5) West Virginia Alcohol Beverage Control Commissioner provided in 11-16-1
et seq.
of this code and 60-2-1
et seq.
of this code;
(6) Board of Banking and Financial Institutions provided in 31A-3-1
et seq.
of this code;
(7) Lending and Credit Rate Board provided in 47A-1-1
et seq.
of this code;
(8) Division of Financial Institutions provided in 31A-2-1
et seq.
of this code;
(9) The State Budget Office provided in 11B-2-1
et seq.
of this code;
(10) The Municipal Bond Commission provided in 13-3-1
et seq.
of this code;
(11) The Office of Tax Appeals provided in 11-10A-1
et seq.
of this code; and
(12) The State Athletic Commission provided in 29-5A-1
et seq.
of this code.
(k) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in 17-2A-1
et seq.
of this code;
(2) Parkways Authority provided in 17-16A-1
et seq.
of this code;
(3) Division of Motor Vehicles provided in 17A-2-1
et seq.
of this code;
(4) Driver's Licensing Advisory Board provided in 17B-2-1
et seq.
of this code;
(5) Aeronautics Commission provided in 29-2A-1
et seq.
of this code;
(6) State Rail Authority provided in 29-18-1
et seq.
of this code; and
(7) Public Port Authority provided in 17-16B-1
et seq.
of this code.
(l) Effective July 1, 2011, the Veterans' Council provided in 9A-1-1
et seq.
of this code, including all of the allied, advisory, affiliated, or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans' Assistance.
(m) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by 5F-2-2 of this code, the position of administrator and the powers, authority, and duties of each administrator and agency are not affected by the enactment of this chapter.
(n) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by 5F-2-2 of this code, the existence, powers, authority, and duties of boards and the membership, terms, and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers may not have their appellate or independent decision-making status affected by the enactment of this chapter.
(o) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in 5F-1-2 of this code, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(p) When an agency, board, or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary, or a bureau. Nothing in this section extends the powers of department secretaries under 5F-2-2 of this code to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
(q) The Department of Economic Development as established in 5B-2-1
et seq.
of this code is continued as a separate independent agency within the Executive Branch.
(r) The Department of Tourism as established in 5B-2I-1
et seq.
of this code is continued as a separate independent agency within the Executive Branch.