West Virginia Code § 22-1-10

(a) The director may, with the exception of the special reclamation fund established in
section eleven, article three of this chapter, expend, in accordance with the provisions of
chapter five-a of this code, from special revenue accounts, and funds established pursuant to
this chapter and chapters twenty-two-b and twenty-two-c of this code, amounts necessary to
implement and administer the general powers, duties and responsibilities ofe the Division of
Environmental Protection: Provided, That federal funds required by law to be expended for a
specific purpose may not be expended for any purpose contrary to the lraws, rules or
regulations of the federal government.
(b) With respect to employees affected by the creation of the division or the transfer of
functions and offices to the division the layoff and recall rightts of such employees within the
classified service of the state as provided in subsections (5) and (6), section ten, article six,
chapter twenty-nine of this code are limited to the department of commerce, labor and
environmental resources and further limited to an occupational group substantially similar
to the occupational group established by the classification and compensation plan for the
classified service of the agency or board in whsich the employee was employed: Provided,
That the employee has the qualifications established for the job class. The duration of recall
rights provided in this subsection is limited to two years or the length of tenure, whichever is
less. Except as provided in this subsgection, nothing contained in this section abridges the
rights of employees within the classified service of the state as provided in sections ten and
ten-a, article six, chapter twenety-nine of this code.
(c) The director is empoLwered to authorize the payment of all or any part of the reasonable
expenses of employees of the division in moving their household furniture and effects as a
result of a reassignment of such employee caused by a transfer of functions or offices to the
division.

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