SEP 97 20 REQUEST FOR HEARING TO CONTEST ADMINISTRATIVE ACTION OF OKLAHOMA TAX COMMISSION To: AdministrativeLaw Judge, Oklahoma Tax Commission From: Zakk Luttrell, Jam hereby fling written notice that I contest an administrative action of the Oklahoma Tax Commission and request a hearing before a duly authorized Adininistrative Law Judge of the Commission to appeal said action, Specifically, I am contesting the denial of my selected! personalized license plate by the Commission's Motor Vehicle Division, On or about July 21, 2016, 1 received notice that my selected personalized license plate "COM'MIE” was refused by the Motor Vehicle Divison (MVD) After inqiring as to the reason for denial. received an email on fly 25,2016 from the Special Plates Supervisor of the MVD claiming the selected! license plate violates the Commission's Non- offensive content poley, codified in the Oklahoma Administrative Code as 710:60-3-151(9, though the email did not list any specific way in which the selected plate violated the policy. The email is attached as Exhibit 1 Per the instructions i the Supervisor's email, [requested reconsideration. On August 8, 2015, I received an email sustaining the denial of my requested license plate. This time, the Supervisor gave more specific reasons for the dentl, claiming that the licerse plate violated subparts 2 and 6 of the Non-offensive content policy. The email is attached as Exhibit 2{contest this decision based an the following: 1. My selected plate does not violate the subparts in question, unless the regulations of the Non-offensive content policy are interpreted and/or employed in ar arbitrary and capricious manner. 2. The Nomoffensive content policy has been created and enforced in violation of the specific statutory mandate found in 47 OS. 1195.4. This | slatute requires the Commission to issue my selected plate as a mater of law. 3. By enforcing a vague, overbroad, content and viewpoint based discrimination of speech, the Non-offensive content policy violates the Oklahoma Constitution, Article 2, Section 22, which guarantees freedom of speech for all Oklahomans. 4. By enforcing 2 vague, overbroad, content and viewpoint based discrimination of speech, the Non-offensive content policy violates the | First Amendment to the United States Constitution, which guarantees freedom of speech for all Americans, In order to present these arguments in detail, along with the evidence necessary for their factual foundction, Thereby request an administrative heating, made on the record, with sufficient notice of the date and time fo enable the subpoena and attendance of witnesses.A copy of this request has been forwarded to the Oklahoma Tax Commission, Motor Vehicle Divi City, OK 73194, and to the General Counsel's Office of the Oklahoma Tax mn Special Plate Section, 2501 N. Lincoln Bivd, Oklahoma Commission, at the same address Any notices or respensive documents to this request may be ditected to my counsel at the American Civil Liberties Union of Oklahoma, Respectfully submitted, Zakk Luttrell 977 Ei ier Brody Henderson, OBA 21212 Ryan Kiel, OBA £21554 American Civil Libertis Union of Oklahoma FoundationFrom: Cito Menturray Dato: Jul 25 2016, 4:20 PM 0530 To: ‘Subject FW: My fe pik Dear Mr tutrel Here isthe relevant promulgated rule ofthe Oklahoma Tax Commision with respect to personalized Fcense plates 1710:60.3-151{c) Now offensive content policy. The Commission shall review personalized lense pate applications that are not autonatically rejected when compared toa database of prohibited or Previously issued personalzedplates. The Cammission shall deny a request ian objective, reasonable person would find that the proposed combination of letters and/or numbers listed onthe application fas into at least one ofthe folowing categories (i) carnes asexual connotation: (2) expresses contempt, rdcuk of superiority based on race, gender, pais, ethnic heritage, oF religion; (3)is vulgar, derogatory, profane or obscene; (4) refers to bodily functions, bodily us, o intimate body parts; (5) refers to alcohol, rugs or rug paraphernalia, legal actives or ganas: oF (61 would otherwise be inappropriate for display on astate-issued license pate [a Other itera, The eiteran this paragraph are nct exhaustive. Dictionaries and compilation of offensive words, terms or letter number combinations, in any language, gathered from the experience af Olahoma and other states may alo be used asa guide, tne motor vehicle Bwson, napping tis ue Lo your application, rejected CORIE onthe basis on the non-affensive content poy. you belleve our determination made pursuant tothe above ‘uidelines to be erroneous and would ike to provide explanatory information or documentation which you believe may impact our determination, please reply to this email with that information this office's denial determination remains unchanged following our review of any submitted addtional information, orf you prefer todo so at this time without fist providing any addtional nfarmation to this office, you may, within (30 days ofthe date ofthis ema, ea written request fora hearing before ‘the Administrative Law Judge of the Oklahoma Tax Commission. Such a request shouldbe forwarded, long with a copy ofthis correspondence, to the attention of the Motor Vehicle Division Special Plate Section, at the following maling address: Oklahoma Tax Commission, Motor Vehicle Division Special Plate Section, 2501 N Lincoln Boulevard, Oklahoma City, OK 73194, Sincerely, Clif MeMuray, Special Piates Superisor ‘Okisnama Tax Commssiontiv EXHIBIT 1From: Clifford ateMuray Date: Mon, Aug 6, 2016 a 19K Subject RES FN: yet ik To Zakk (Ce: Somy Newton Mr. Hash, ‘Our denial was based on reasens 2 and 6, and our decison semains unchanged. if you wish to contest ‘ur decision you may, within 30} days of the date of his emai, le a alten cequest for @ hearing before the Administrative Law lodge ofthe Oklahome Tax Commision. Such request should be forwarded, along with a copy of this correspondence, to the attention ofthe Motor Vehicle Division Special Pate Section, tthe flowing mailing address: Olahoma Tax Commission, Motor Vehicle Division Special Plate Section, 2501 N Lincoln Boulevard, klahowna Cy, OK 73198, Sincerely, Cit Metturray, Special Plates Supenisor (Oklahoma Tax Commission VD EXHIBIT 2