When does the 60 day clock begin to tick???

[ryoung]

Mr. Cotton -

Thanks for the clarification. I quoted the following source from the Handgun Administrative Rules link on the DPS website:http://info.sos.state.tx.us/pls/pub/rea ... ti=37&pt=1

TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER B ELIGIBILITY AND APPLICATION PROCEDURES
RULE §6.17 Application Review and Background Investigation

(a) Applications must be complete and legible. If an application is not legible or is not complete, the department will notify the applicant of any apparent deficiency. The applicant will have 90 days from the date on which the department first received the original license application to amend the application. Upon request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend has expired, then the application process will be terminated. [emphasis added]

(b) Time to review application and complete background investigation. The department shall conduct the application review and background investigation not later than the 60th day after the date on which the director's designee receives the completed application materials, unless a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, in which case the record check and investigation shall be completed not later that 180 days after the date the department receives the application materials.The department shall conduct the application review and background investigation within the required time period, as measured from the date when it was received and complete. An application is not considered to have been received until it is complete. Failure of the department to either issue or deny a license for a period of more than 30 days after the time required constitutes denial. [emphasis added]

(c) Central background investigation. On receipt of the completed application materials, the department shall review the application and conduct a background check of each applicant. The central background investigation will include a criminal history record check of each applicant for an original or renewal license or certification through the department's computerized criminal history system. The department shall send one set of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history check of the applicant. The scope of the background investigation additional to the criminal history check is within the sole discretion of the department.

(d) Field background investigation. Not later than the 30th day after the date the department receives the application materials, the department shall send the application materials to the director's designee in the geographical area of the applicant's residence for a field background investigation. The director's designee is authorized to conduct a field background investigation. The scope of the field background investigation is within the sole discretion of the department. The director's designee is authorized to conduct an additional criminal history record check of the applicant and an investigation of locally maintained official records to verify the accuracy of the application materials. The director's designee is authorized to check local arrest records of law enforcement agencies in each city and county where the applicant has resided for the five years preceding the date of application. The director's designee is authorized to obtain copies of official records of arrests or convictions if necessary. On request of the director's designee, a juvenile court shall reopen and allow the department to inspect the files and records of the juvenile court relating to the license applicant. The director's designee is authorized to investigate other credible information received and to conduct appropriate follow-up investigation as necessary. Upon completion of the investigation, the director's designee shall return all application materials and investigation results to the appropriate division of the department at the address as specified in §6.3 of this title (relating to Correspondence). The investigation results shall include a written recommendation that the application either be approved or disapproved. If the director's designee recommends disapproval, the recommendation shall be accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of a ground for denial under The Act. The investigation results may include affidavits from other persons stating grounds for denial.

[Charles L. Cotton]

It doesn't matter when it is declared complete. If they receive it on day 1 and open it on day 15 and everything is valid, the clock started on day 1 and they have 45 more days to complete everything. If they open it on day 15 and it is missing something, then they haven't received a completed application yet.

Chas.

[Charles L. Cotton]

Mr. Cotton -

Thanks for the clarification. I quoted the following source from the Handgun Administrative Rules link on the DPS website:http://info.sos.state.tx.us/pls/pub/rea ... ti=37&pt=1

TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER B ELIGIBILITY AND APPLICATION PROCEDURES
RULE §6.17 Application Review and Background Investigation

(a) Applications must be complete and legible. If an application is not legible or is not complete, the department will notify the applicant of any apparent deficiency. The applicant will have 90 days from the date on which the department first received the original license application to amend the application. Upon request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend has expired, then the application process will be terminated. [emphasis added]

(b) Time to review application and complete background investigation. The department shall conduct the application review and background investigation not later than the 60th day after the date on which the director's designee receives the completed application materials, unless a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, in which case the record check and investigation shall be completed not later that 180 days after the date the department receives the application materials.The department shall conduct the application review and background investigation within the required time period, as measured from the date when it was received and complete. An application is not considered to have been received until it is complete. Failure of the department to either issue or deny a license for a period of more than 30 days after the time required constitutes denial. [emphasis added]

(c) Central background investigation. On receipt of the completed application materials, the department shall review the application and conduct a background check of each applicant. The central background investigation will include a criminal history record check of each applicant for an original or renewal license or certification through the department's computerized criminal history system. The department shall send one set of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history check of the applicant. The scope of the background investigation additional to the criminal history check is within the sole discretion of the department.

(d) Field background investigation. Not later than the 30th day after the date the department receives the application materials, the department shall send the application materials to the director's designee in the geographical area of the applicant's residence for a field background investigation. The director's designee is authorized to conduct a field background investigation. The scope of the field background investigation is within the sole discretion of the department. The director's designee is authorized to conduct an additional criminal history record check of the applicant and an investigation of locally maintained official records to verify the accuracy of the application materials. The director's designee is authorized to check local arrest records of law enforcement agencies in each city and county where the applicant has resided for the five years preceding the date of application. The director's designee is authorized to obtain copies of official records of arrests or convictions if necessary. On request of the director's designee, a juvenile court shall reopen and allow the department to inspect the files and records of the juvenile court relating to the license applicant. The director's designee is authorized to investigate other credible information received and to conduct appropriate follow-up investigation as necessary. Upon completion of the investigation, the director's designee shall return all application materials and investigation results to the appropriate division of the department at the address as specified in §6.3 of this title (relating to Correspondence). The investigation results shall include a written recommendation that the application either be approved or disapproved. If the director's designee recommends disapproval, the recommendation shall be accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of a ground for denial under The Act. The investigation results may include affidavits from other persons stating grounds for denial.

My post wasn't in response to the Admin. Rules you posted, but just to look at the whole 90 days v. 60 days in terms of the statute and the "typo" that potentially gives the DPS up to 90 days.

In case anyone missed it, the Admin. Rules ryoung posted has some very good information about what an applicant must do, if an application is incomplete. Note that the 90 day/180 day limits in Paragraph (a) apply to the CHL applicant, not DPS. This is the amount of time you have to correct any problems with your application, before DPS just terminates its processing. If you have been notified by DPS of a deficiency, you have 90 days to correct it. If you can't get it done in 90 days, make a written request to DPS for an additional 90 days. If you still don't have it correct, DPS will terminate your application process and you'll have to start over. Note, this "termination" is not a denial of your CHL application, because you never submitted a "complete application."

Thanks ryoung, this is good information for people to read.

Chas.

[Monkey404error]

Regarding the 90/180 days, it says that if they dont have a complete application. What if the application is complete, never got a letter from DPS saying they're missing anything, and have already hit the 100 day mark? Does this mean that the application is denied by default even though the application is complete, simply because a letter of extension was not sent?

I ask mainly because I have hit that mark, and am starting to get a little nervous about my application. I called about 3 weeks ago, and the guy I talked to said that it looked like my application was good to go, but I have yet to find that ellusive "Application Complete" status. But seeing the times that are required by DPS, I now fear I might have been denied simply because of the backlog they have.

[Charles L. Cotton]

If DPS doesn't send you a letter stating your application is incomplete for a specific reason, then your 90 day "correction" period has not begun. At 100 days there's plenty to reason to be irritated, but unfortunately no reason to be worried. We're seeing times like this all too often. A former employee at my law firm just got her CHL about 10 days ago. She's 24 years old, lived in two different Texas Counties all her life and has no criminal history at all. Her CHL took 152 days!

Chas.

[Oldgringo]

She's had the same fingers and thumbs for 66 years. It's now over 130 days after her initial application and she still doesn't have a license.

Yes, I have had my prints for my entire life as well. That has nothing to do with the process. It isn't about how long you have had your prints (which should be for our entire lives for most of us), but if the print cards are done correctly.

Indeed? What are the odds of three different guys in three different official law enforcement settings submitting three unnacceptable fingerprints of the same person - over a 90 day period?

[Keith B]

Oldgringo,

One question, does she use hand lotion? I used to have issues printing people who used hand lotion or lotion soaps, as they would get build-up between the ridges and the prints wouldn't be very clear. Regular soap sometimes won't wash it out very well, and only alcohol wipes would cut it down with a lot of scrubbing to get the prints. Did they use hand wipes to clean the tips of her fingers well before trying to get her prints?

Just a thought.

[Oldgringo]

Thanks Keith,

She has nice hands and I'm sure she uses all sorts of potions . Her fourth set of prints, submitted on 18 April, were taken by FAST and did look better than the previous three - I think.

We're cautiously optimistic that we're finally in the home stretch inasmuch as an e-mail from Simone last week stated that once DPS receives FBI approval, she'll get her license. We'll see, it's been a long wait.

Greg