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der Teufel wrote:Okay, the usual disclaimers apply: I know nothing except my name, rank, and serial #, and there have been time when I haven't exactly been too sure about all of those ...

I haven't seen this mentioned elsewhere, although I could easily have missed it -- but in reading through HB2730 (which becomes effective 01 September) it appears that DPS has eliminated the 60+30 day time requirement for issuance of a license. The 60 rule still applies, after which DPS shall
"(3) Notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the amount of time the department will need to make the determination."

It seems they will now have to provide a time estimate for issuance rather than adhere to a specific additional 30-day time limit. This is on pages 145 & 146 of the bill, which I found at http://www.legis.state.tx.us/tlodocs/81 ... 02730F.pdf" onclick="window.open(this.href);return false;

Someone correct me if I am wrong (I'm sure that will happen ) Seriously, I want to understand this.

HGWC wrote:

dicion wrote: Since you've been denied by law, I'm pretty sure a Judge would agree that the letter is not necessary. Im sure DPS will argue it, but, once again, black and white in the statutes. IMO
And if they start quoting statutes stating that they have to send a letter, you can quote them right back with regard to the dates and times. It's a double edged sword. If they claim the statutes require them to send you something, then they are also saying the statutes requiring them to send you your LICENSE are in full effect.

Likewise, if they say that they don't have to send you something in the timeframe specified in the statutes, that means they don't have to send you a denial notice as required either, for it to be denied.

They either can follow ALL of GC 411.177-180 or none of it. They can't pick and choose what they want to follow

It'll be another nail in the coffin if they refuse to do so.

Have the letter notarized before you send it to them requesting a hearing. Also send it certified, delivery confirmation, and signature required.
If they do not file the hearing as required in the 30 day time period, then you break out the lawsuit and go full bore :)

They aren't following any of it. I just don't see the point of requesting, one more time, that they comply with the law. The only recourse you have is in the courts. IANAL, but unless the DPS requests the hearing with the JP, does the JP even have jurisdiction? I would think our only real recourse is state court for violation of our constitutional rights. This isn't just a petty grievance over violation of government code statutes.

infoman wrote:one quick thing.. you can't have a denial hearing, unless you've already been officially denied. that means they send you a denial letter. they don't have "hearings" for people who are just unhappy with processing times or background checks taking long. You won't get a denial hearing without first being denied.