Carr v. Dir. of Revenue

In Carr v. Dir. of Revenue, 799 S.W.2d 124 (Mo. Ct. App. 1990), the agency involved had rejected a request for "ARYAN-1" because it violated an agency regulation prohibiting any personalized license plates "'containing or suggesting any profane, obscene, inflammatory or patently offensive word or phrase or otherwise conflicting with an overriding public policy.'" Id. at 126 (quoting Mo. Code Regs. tit. 12, 10-23.100(6)). The car owner appealed, arguing that the regulation was contrary to its governing statute, which provided that "'no plate shall be issued containing any profane or obscene word or phrase.'" Id. (quoting Mo. Rev. Stat. 301.144). The court agreed, reversing the agency's decision because the regulation imposed additional restrictions beyond those set forth in the governing statute and thus was void in part. Id.