To: FRANCHISE TAX BOARD
PROTEST SECTION
MAIL STOP D-12
PO BOX 942867
SACRAMENTO CA 94267-5540

1.a. All interested Parties please take NOTICE that I hereby make my timely and legally sufficient Request for Discovery of the facts, supporting evidence, witnesses, and documents the FRANCHISE TAX BOARD (FTB) intends to rely upon at the hearing relating to my Protest of NOTICE OF PROPOSED ASSESSMENT (Form FTB 5860 MEO (REV 06-2001), PAGES 1-4, number 01-0616603-100901, dated 10/09/2001)(hereafter NPA).

1.b. I served my notice of intent to protest upon FTB on October 22, 2001. Since I supposedly have 60 days from October 9, 2001 to file my Protest, but only 30 days to file my Request for Discovery, I am sending my Request for Discovery before my formal Protest.

2.a. I am treating FTB as subject to the California Administrative Procedures Act and FTB's NPA as its initial pleading.
If I am mistaken in this position, I request that FTB advise me of that fact together with a memorandum of points and authorities supporting its position.

2.b. I hereby request complete and honest Discovery from FTB in substantial compliance with the standards set out in West's Ann.Cal.Gov. Code (2001), § 11507.6 (in part, emphasis added):

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.

3. I cannot conceive of being obligated to present an unprepared defense to undisclosed FTB documents or statements except as being a violation of my Right to Due Process as guaranteed to me by the Constitution of the State of California and by the Constitution of the United States.

4. I will object to, and bar from consideration at any hearing, any fact(s), supporting evidence, witness(es), and document(s) not explicitly, fully, honestly, and timely disclosed to me by FTB in compliance with this Request for Discovery.

I certify under the laws of the State of California, that the foregoing is true and correct.

Dated: __________________________________

At: _____________________________________

Signature: ________________________________________