From: Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, united states of America.
no telephone service maintained.
October 18, 2000

To: THE STATE OF CALIFORNIA
FRANCHISE TAX BOARD
P.O. BOX 1673
Attn: 343:CNI MS: D-712
SACRAMENTO CA 95812-1673

Dear Miss/Ms./Mrs. Iwuchukwu:

1. All interested parties please take Notice that this is my second timely and legally sufficient REQUEST FOR DISCOVERY of the witnesses, facts, and documents the FRANCHISE TAX BOARD (FTB) intends to produce at the oral hearing relating to NOTICE OF PROPOSED ASSESSMENT (dated 09/19/2000 and identified by the number 5820000311098) scheduled for November 6, 2000, at the Franchise Tax Board District Office, 3321 Power Inn Road, Suite 250, Sacramento, California, at a time of which you failed to inform me.

2.a. In WEST'S CALIFORNIA CODES, CODE OF CIVIL PROCEDURE (2000 Pocket Part), sec. 2016, note 7. is reproduced a case which states that "Except for displinary proceedings before state bar, Civil Discovery Act does not apply to administrative adjudication. Romero v. California State Labor Commissioner (App 3 Dist. 1969) 81 Cal.Rptr. 281, 276 Cal.App.2d 787." I have not had time to read that case, so I quote it as published by WEST'S.

2.b. WEST'S CALIFORNIA CODES, GOVERNMENT CODE (2000), sec. 11501 reads, in part:

(a)This chapter [Administrative Procedure Act] applies to any agency as determined by the statutes relating to that agency.

There is in the state government, in the Agriculture and Services Agency, a Franchise Tax Board consisting of the State Controller, the Director of Finance and the Chairman of the State Board of Equalization. The Franchise Tax Board is the successor to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of the Franchise Tax Commissioner, but the statutes and laws under which that office existed and all laws prescribing the duties, powers, purposes, responsibilities and jurisdiction of that office, together with all lawful rules and regulations established thereunder, are expressly continued in force.

3. I cannot conceive of being obligated to present an unprepared defense to undisclosed FTB documents or statements as being anything except a violation of my Rights to Due Process as guaranteed by the Constitution of the State of California and by the Constitution for the united States of America.
Since I cannot readily determine from WEST'S CALIFORNIA CODES, GOVERNMENT CODE (2000) or REVENUE AND TAXATION CODE (2000) whether or not the FTB is exempt from The Administrative Procedure Act, I hereby Request non-statutory Discovery, as of Right, from the FTB.

4. Said non-statutory Discovery shall be substantially in compliance with the standards articulated in WEST'S CALIFORNIA CODES, GOVERNMENT CODE (2000) sec. 11507.6.:

After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a party, upon written request made to the other party, prior to the hearing and within 30 days after service by the agency of the initial pleading ... is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party:
(a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to such person is the basis for the administrative proceeding;
(b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person;
(c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above;
(d) All writings, including, but not limited to reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence;
(e) Any other writing or thing which is relevant and which would be admissible in evidence; (f) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, ...
For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, or oral statements by the person, and written reports or summaries of such oral statements. ... (g) ...This subsection is intended only to limit the scope of discovery; it is not intended to affect the methods of discovery allowed under this section.

6. I request that the Oral Hearing scheduled for 11/6/2000 be postponed for cause on the ground of the FTB's failure to allow Discovery until ten (10) days after I have been notified of and had a meaningful opportunity to examine and to copy said case file and related documents.

I Declare and Affirm, under the penalties provided for the crime of Perjury in the Law of the united states of America and in the Law of California, that I have read the foregoing and that it is True and Accurate.

Verified by my hand, this Day, the ______________ day of___________________ in the year of Our Lord, two thousand, in _________________________city, _________________________county, ____________________________state, united states of America.

Signature: _______________________________________

Thomas Murrell Thornhill III