Current through Register Vol. XLI, No. 36, September 6, 2024
Section 153-9-3 - Procedures to Obtain Permission for Use of the Seal3.1. No person, without express written authorization from the Secretary of State or a Deputy Secretary of State ("SOS"), may manufacture, use, display or otherwise employ a facsimile or reproduction of the Seal of the State of West Virginia ("Great Seal"), except as provided in this rule.3.2. Any person desiring to obtain approval from the SOS for the manufacture or use of a facsimile or reproduction of the Great Seal shall make application on the form prescribed by the SOS. The form, Application for Manufacture or Use of the Great Seal of the State of West Virginia, is incorporated by reference herein and is available from the SOS.3.3. SOS approval for use of the Great Seal is for a term of 4 years, unless otherwise stated by the SOS, and can be renewed upon the completion and approval of a new application.3.4. Applications and supporting documents shall be filed with the Office of the Chief Counsel, West Virginia Secretary of State, State Capitol Building, Charleston, West Virginia, 25305. 3.5 Standards for Approval. The applicant may be granted permission to manufacture or use the Great Seal if the applicant affirmatively demonstrates to the SOS that the Cheat Seal will be used for a proper purpose. In order to determine what constitutes a proper purpose, the Department shall consider, at a minimum, the following: 3.5.a. The specific item to be manufactured;3.5.b. The manner in which the Great Seal is to be displayed on the item to be manufactured;3.5.c. The nature of the proposed use, including manner, purpose and place of use;3.5.d. Whether the public would tend to be misled by the appearance of the Great Seal on the product to believe that the product carries official State sanction or approval;3.5.e. Whether the use of the Great Seal would tend to mislead the public into believing that a person, meeting, project or event carries official State sanction or approval;3.5.f. Whether the dignity of the Great Seal will be preserved if approval is granted,3.5.g. Whether the requested use of the Great Seal will promote a stated governmental goal..3.6. SOS approval should not be expected for the use of the Great Seal for the following: 3.6.a. Political or campaign purposes;3.6.b. Stationery other than official government stationery;3.6.c. Decorative automobile license tags;3.6.d. Business cards other than official government business cards;3.6.e. Designation of landmarks not listed in the National Registry of Historical Places or designated as a historical site under a local ordinance;3.6.f T-shirts, jackets or other clothing which might lead the public to believe that the person wearing such apparel is an official of the state; 3.6.g. Publications oilier man official state government agency publications or publications serving a governmental purpose;3.6.j. Any commercial purpose.3.7. State and Local Government Agencies. Subject to the requirements above, state and local governmental agencies as defined above, may use and display the Great Seal in connection with official business without application to the SOS, when specific written approval for use of the Great Seal has been granted by the head of the respective governmental entity.