Utah Admin. Code R873-22M-34 - Rule for Denial of Personalized Plate Requests Pursuant to Utah Code Ann. Sections 41-1a-104 and 41-1a-411

(1) The personalized plate is a non-public forum. Nothing in the issuance of a personalized plate creates a designated or limited public forum. The presence of a personalized plate on a vehicle does not make the plate a traditional public forum.

(2) For purposes of Subsection 41-1a-411(2)(a)(i), the division may not issue a personalized license plate if the combination of letters, numbers, or both is offensive to good taste and decency or would be misleading. A combination of letters, numbers, or both that is offensive to good taste and decency or that would be misleading includes any:

(a) combination of letters, words, or numbers with any connotation that is vulgar, derogatory, profane, or obscene;

(b) combination of letters, words, or numbers that connote breasts, genitalia, pubic area, buttocks, or relate to sexual and eliminatory functions. Additionally, except as provided in Subsection 41-1a-411(3), "69" formats are prohibited unless used in a combination with the vehicle make, model, style, type, or commonly used or readily understood abbreviations of those terms, for example, "69 CHEV;"

(c) combination of letters, words, or numbers that connote:

(i) any intoxicant or any illicit narcotic or drug;

(ii) the sale, use, seller, purveyor, or user of any intoxicant or any illicit narcotic or drug; or

(iii) the physiological or mental state produced by any intoxicant or any illicit narcotic or drug;

(d) combination of letters, words, or numbers that express contempt or ridicule of any person or group; or

(e)

(i) combination of letters, words, or numbers that express affiliations or actions that may be construed to suggest endangerment to the public welfare.

(ii) Examples of letters, words, or numbers described in Subsection (2)(e)(i) include words, signs, or symbols that represent:

(A) illegal activity;

(B) organized crime associations; or

(C) gang or gang terminology.

(iii) The division shall consult with local, state, and national law enforcement agencies to establish criteria to determine whether a combination of letters, words, or numbers express affiliations or actions that may be construed to suggest endangerment to the public welfare.

(3) The division may not issue a personalized license plate if the combination of letters, numbers, or both disparages a group as described in Subsection 41-1a-411(2)(a)(ii).

(4) If the division denies a requested combination, the applicant may request a review of the denial, in writing, within 15 days from the date of notification. The request must be directed to the Director of the Motor Vehicle Division and should include a detailed statement of the reasons why the applicant believes the requested license plates are not offensive or misleading.

(5) The director shall review the format for connotations that may reasonably be detected through linguistic, numerical, or phonetic modes of communication. The review may include:

(a) translation from foreign languages;

(b) an upside down or reverse reading of the requested format; and

(c) the use of references such as dictionaries or glossaries of slang, foreign language, or drug terms.

(6) The director shall consider the applicant's declared definition of the format, if provided.

(7)

(a) If the requested format is rejected by the director, the division shall notify the applicant in writing of the right to appeal the decision through the appeals process outlined in Section R861-1A-22.

(b)

(i) For purposes of this Subsection (7)(b), "pending legislation" means legislation that:

(A) has been passed by the Legislature;

(B) has not yet taken effect; and

(C)

(I) has been signed by the Governor;

(II) will go into effect without the Governor's signature; or

(III) will go into effect as a result of veto override.

(ii) If the commission becomes aware of pending legislation that may affect the outcome of an appeal described in Subsection (7)(a), the commission may stay the appeal proceeding.

(iii) If the commission stays an appeal proceeding under Subsection (7)(b)(ii), the commission shall remand the application to the division.

(iv) An application the commission remands to the division in accordance with Subsection (7)(b)(iii) is considered to be a new application filed on the date the pending legislation takes effect.

(v) On or after the date the pending legislation takes effect, the division shall review the application the commission remands to the division and determine if the requested format for a personalized plate is prohibited by law.

(vi) If the division determines under Subsection (7)(b)(v) that a requested format is prohibited by law, the commission shall lift the stay issued under Subsection (7)(b)(ii) and issue a decision on the appeal.

(vii) If the division determines under Subsection (7)(b)(v) to issue the personalized license plate, the commission shall lift the stay issued under Subsection (7)(b)(ii) and close the appeal.

(8) If, after issuance of a personalized license plate, the commission becomes aware through written complaint that the format may be prohibited under Subsections (2) or (3), the division shall again review the format.

(9) If the division determines pursuant to Subsections (2) or (3) that the issued format is prohibited, the holder of the plates shall be notified in writing and directed to surrender the plates. This determination is subject to the review and appeal procedures outlined in this rule.

(10) A holder required to surrender personalized license plates shall:

(a)

(i) if within the first year of issuance, be refunded a prorated amount of the personalized license plate application fee; or

(ii) if after the first year of issuance, be refunded a prorated amount of the personalized license plate annual renewal fee; or

(b) be allowed to apply for replacement personalized license plates at no additional cost.

(11) If the holder of plates found to be prohibited fails to voluntarily surrender the plates within 30 days after the mailing of the notice of the division's final decision that the format is prohibited, the division shall revoke the personalized license plates and the vehicle registration.

Notes

Utah Admin. Code R873-22M-34

Amended by Utah State Bulletin Number 2016-15, effective 7/14/2016 Amended by Utah State Bulletin Number 2020-24, effective 11/30/2020