§5B-1-2. Agencies, boards, commissions, divisions, and offices comprising the Department of Commerce.
(a) The Department of Commerce consists of the following agencies, boards, commissions, divisions, and offices, including all of the allied, advisory, affiliated, or related entities, which are incorporated in and administered as part of the Department of Commerce:
(1) Division of Labor provided in §21-1-1 et seq. of this code, which includes the 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 Board of Coal Mine Health and Safety and the Coal Mine Safety and Technical Review Committee provided in §22A-6-1 et seq. of this code are transferred to the Office of Miners' Health, Safety, and Training for purposes of administrative support and liaison with the Office of the Governor.
(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; and
(D) Division of Research, Information and Analysis; and
(7) Division of Economic Development provided in §5B-2-1 et seq. of this code, which includes:
(A) Office of Broadband provided for in 31G-1A-1 et seq.;
(B) Small Business Development Center provided for in §12-1A-1 et seq.;
(C) Office of Energy provided for in §5B-2F-2 of this code; and
(D) Broadband Enhancement Council provided for in §31G-1-1 et seq. of this code.
(b) Beginning on July 1, 2025, all employees of the Department of Commerce, or agency, board, commission, division, and office listed under subsection (a) of this section, shall be exempt from the state grievance procedures as set forth in §6C-2-1 et seq. of this code and from the classified civil service system under §29-6-1 et seq. of this code except that:
(1) All employees of the Department of Commerce, or agency, board, commission, division, and office listed under subsection (a) of this section, who are currently members of the classified civil service system shall retain their status as long as they remain in their current position, and all employees of the Department of Commerce who currently have recourse to the state grievance procedures will continue to have access to the state grievance procedures as long as they remain in their current position; and
(2) Any employee of the Department of Commerce, or agency, board, commission, division, and office listed under subsection (a) of this section, that leaves his or her position and remains an employee within the Department of Commerce shall, at that time, be transferred to the classified-exempt service system as defined in §29-6-2(g) of this code and be exempted from the state grievance procedures as set forth in §6C-2-1 et seq. of this code.
(c) The Secretary of the Department of Commerce shall have the authority to designate certain employees’ status under the classified civil service system and grievance procedures as may be deemed necessary to comply with federal law, federal regulation, or the requirements for receipt of federal funding or assistance.
(d) Subsection (b) of this section shall not apply to:
(1) Any position appointed by the Governor; and
(2) Natural Resource Police Officers and Special Natural Resource Police Officers employed with the Division of Natural Resources who are charged with carrying out law enforcement activity, as set forth in §20-7-1 et seq. of this code.
(e) Nothing in this section shall exempt the Department of Commerce from the provisions of this code prohibiting nepotism, favoritism, discrimination, or unethical practices related to the promotion, transfer, layoff, removal, discipline, and compensation of state employees.
