W. Va. Code R. § 153-9-4

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 153-9-4 - Review
4.1. Approval by this rule shall not become a vested property right in the grantee and approval may be revoked at the discretion of the SOS at any time. The SOS may revoke any approval issued if the use no longer promotes a stated proper governmental goal as determined by the SOS. Approval shall also be revoked where the SOS finds that the holder or his/her agent submitted false, incomplete, or inaccurate information in the application or has violated state law, SOS rules, regulations or conditions of approval relating to the use of the Great Seal.
4.2. Any person or entity unlawfully using the Great Seal without prior approval of the SOS, may be subject to an action at law or at equity brought by the SOS in the appropriate court of competent jurisdiction seeking injunctive relief and any other remedies available.
4.3. If any person or entity has been granted approval for use of the Great Seal, and such approval is subsequently rescinded or revoked by tire SOS, such person or entity shall immediately cease and desist using or manufacturing the Great Seal until and unless authorized by the SOS or a court of competent jurisdiction.
4.4. Extraordinary Remedies. " An aggrieved person or entity may institute an action for mandamus relief in the Circuit Court of Kanawha County if the actions or decision of the SOS is alleged to violate rights provided by the West Virginia Constitution or West Virginia Code.

W. Va. Code R. § 153-9-4