WVC 17 A- 2 - 4
§17A-2-4. Same -- Vacancy in office.
All vacancies in the office of the commissioner that occur
while the Legislature is not in session shall be filled by
appointment by the governor, which appointment shall expire at
the end of thirty days after the date of which the Legislature
next convenes. Prior to the expiration of the thirty days the
governor shall transmit to the Senate for its approval an
appointment for the unexpired portion of the regular term.
Vacancies occurring during a session of the Legislature shall be
filled as regular appointments before the end of the session and
for the unexpired portion of the regular term.