Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R622. Lieutenant Governor, Administration.

Rule R622-2. Use of the Great Seal of the State of Utah.

As in effect on August 1, 2014

Table of Contents

R622-2-1. Purpose.

(A) The Great Seal of the State of Utah is a symbol of the sovereignty of this state, and its use denotes authenticity of official state government functions and authority. The Great Seal is a single mounted engraved plate, comprising form and content as described in Section 67-1a-8, Utah Code. The purpose of this rule is to define how the state will:

(1) manage the use and application of the Great Seal (the seal); and

(2) define criteria for its authorized application.

R622-2-2. Primary Function of the Seal.

(A) Since its conception, the seal has been employed for specific governmental applications within the state's Executive, Legislative and Judicial Branches. The seal will be administered consistent with state law and policy, and its principal application shall be to authenticate or attest to:

(1) official documents which are authorized and/or required by statute; and

(2) other state documents having historic, civic, commemorative or educational value or import.

(B) The seal's impression on a legal document shall require the Lieutenant Governor's signature to appear on the same page as, and in proximity thereto.

R622-2-3. Custody and Use.

Pursuant to Section 67-1a-2(1)(d), (e), (f) of the Utah Code; the lieutenant governor shall ". . . keep custody of the Great Seal of the state of Utah; to keep a register of, and attest, the official acts of the governor; and to affix the Great Seal, with an attestation, to all official documents and instruments to which the official signature of the governor is required."

R622-2-4. General Permitted Uses of the Seal.

(A) The seal shall be permitted for use without the written authorization of the Lieutenant Governor, in the following circumstances:

(1) printings of replicas of the seal on official state letterhead, business cards, and stationery for agencies, entities, or officers of the state, and

(2) exhibition of permitted reproductions of the seal on state flags.

(B) The seal shall be permitted for use in the following circumstances upon describing and submitting a list of intended uses with the lieutenant governor's office to assure uniformity and continuity of use:

(1) application or display of replicas of the seal by state agencies and state political sub- divisions which delineate official state purposes, and by state elected officials in connection with their official state business;

(2) for educational and academic uses by schools, colleges and universities to convey information about official state functions;

(3) for use on a product or article offered to the public, for profit or without charge, through the Utah State Capitol gift shop.

(4) Such uses shall not attempt to endorse, authenticate, recognize or promote persons or roles, or be part of administrative or promotional functions.

R622-2-5. Prohibited Usage.

(A) The seal, or replica, shall not be committed for general use, including:

(1) for personal financial gain;

(2) for, or in connection with, any advertising or promotion of any product, business, organization, service, or article whether offered for sale, for profit or without charge, except as provided in R622-2-4(B)(3);

(3) in a political campaign, or in ways that may legitimize or assist to defeat another candidate for elective office; or

(4) to function as, or be construed to function in any way as an endorsement of any business, organization, product, service or article.

(B) No symbol shall be used that imitates or appears similar to the seal in a way that intends to deceive, or is displayed in a manner that conveys improper use of the official Great Seal itself.

(C) When the seal is used, no mark, insignia, letter, word, figure, design, picture, or drawing of any nature may be placed upon the seal, or any part of it.

(D) A state agency, or an elected official, other than the lieutenant governor, shall not have authority to permit an individual or entity associated with a state agency or state elected official, to use the seal or replica for a commercial purpose whereby items will be distributed for sale, even though such purpose may include the providing of goods or services to the state.

(E) The seal shall not be displayed in a manner which lessens or detracts from its dignity or impact.

R622-2-6. Application For Use.

(A) Persons or entities seeking permission to use the seal or replica, excepting uses outlined in R622-2-4, will complete and file a legible application with the Lt. Governor, on a form provided by that office, which shall include:

(1) a specific description of the intended usage involving the Great Seal of the State of Utah, or replica of the seal,

(2) the payment of an administrative filing fee in the amount of $ 5.00, (non-refundable) and

(3) a precise description and specification of the actual product or item to bear the seal, or replica, in the form of an architectural drawing, engineering draft-to-scale, brochure, or lucid photograph or computer- graphic. The application, and supporting documents shall become the property of the lieutenant governor's office.

(B) Upon approval of a complete application, the applicant shall be issued a certificate bearing an identification number, by the lieutenant governor, which shall be kept by the applicant on file for four years following use of the seal. State agencies and entities which use the state seal or replica for official state functions have no application or fee requirement.

(C) An application may be denied for (1) failure to comply with relevant statutes or this rule, (2) failure to include the required fee, or (3) if the intended use is found to be detrimental to the image of the state and not in its best interest.

R622-2-7. Revocation of Approved Applications.

The lieutenant governor may revoke any prior approved usage if it is determined that the seal is being used improperly, if the actual use differs from the intended use as described on the application, or if false or inaccurate information was used to gain approval.

R622-2-8. Enforcement.

(A) Pursuant to Section 67-1a-7, Utah Code, except as otherwise provided by law, only the lieutenant governor, or the lieutenant governor's designee, is authorized to use or affix the seal to a document in pursuance of law. If any person illegally uses the seal, or such seal when defaced, the state may refer such criminal violations to an appropriate prosecuting authority.

(B) Under the provisions of Section 76-6-501, Utah Code, the state may seek redress against a person, or persons, who impermissibly replicate the seal as a forgery. A person or entity employing the seal, or a replica, with the intent to defraud or imply that the presence of the seal or replica appeared by permission of the state, or whose presentation of the seal denigrates it's ability to authenticate by proper state authority, may be referred to an appropriate prosecuting authority.

KEY

great seal, lt. governor, state flag

Date of Enactment or Last Substantive Amendment

November 21, 2007

Notice of Continuation

March 24, 2014

Authorizing, Implemented, or Interpreted Law

67-1a-7; 67-1a-8; 67-1a-2; 76-6-501


Additional Information

Contact

For questions regarding the content or application of rules under Title R622, please contact the promulgating agency (Lieutenant Governor, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.