W. Va. Code § 5B-2-2

(a) The Executive Director of the Division of Economic Development is the chief executive officer of the division. The Governor shall appoint the Executive Director, who shall be qualified for the position by reason of his or her extensive education and experience in the field of professional economic development. The Executive Director shall serve at the will and pleasure of the Governor. Any reference in this code to the Secretary of the Department of Economic Development, or the Executive Director of the West Virginia Development Office means the Executive Director of the Division of Economic Development. As used in this article, "executive director" means the Executive Director of the Division of Economic Development. Subject to the provisions of the contract provided in §5B-2-4 of this code, the executive director may hire, and fire economic development representatives employed pursuant to §5B-2-5 of this code.

(b) The Executive Director may promulgate rules to carry out the purposes and programs of the Division of Economic Development to include generally the programs available and the procedure and eligibility of applications relating to assistance under the programs. These rules are not subject to Chapter 29A of this code, but shall be filed with the Secretary of State. The Executive Director may adopt any of the rules previously promulgated by the Department of Economic Development, the West Virginia Development Office, or the council for community and economic development.