Request hearing for CHL?

Discussion in 'Texas Concealed Handgun (CHL)' started by Shorts, Jun 24, 2009.

  1. Shorts

    Shorts TGT Addict TGT Supporter

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    I read over on another forum about filing a hearing for not receiving a written notice by DPS informing one that their time line would be exceeding stated times.

    Anyone hear of such a thing or done such a thing? Is that an actual legal step that can be taken?


    And lets not drag this offtrack with an us v them slant and get panties twisted over sides.

    I want answers and someone to be held accountable for the CHL process. As it is now, I don't matter. I have no voice. At the mercy of the system. Well if it is the system that is the reason, then it will be system that rattles the cage.
     


  2. txinvestigator

    txinvestigator TGT Addict

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    Here are the laws; http://www.statutes.legis.state.tx.us/SOTWDocs/GV/htm/GV.411.htm#H


    See 411.180 for hearing information if you are denied, suspended or revoked.

    I see no such procedure if DPS fails to notify you in writing within the 90 days that "unable to make a determination regarding the issuance or denial of a license to the applicant .........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".


    Did/has it taken DPS over 90 days for your license. Did they fail to notify you?
     
  3. Shorts

    Shorts TGT Addict TGT Supporter

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    99 days from PIN letter date.

    As far as I know they've got everything they need to complete the task. But I don't know. I haven't been told anything else.

    :gotme:


    "Processing Application" means what online?


    Edit, wait wait, I shouldn't be jumping down your throat. It not you that my irritation should go to. I read what I wanted to read and not what was written. Apologies TxInvestigator
     
  4. Shorts

    Shorts TGT Addict TGT Supporter

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    I wanted this here so I can read it and for the benefit of reference of law directly to the thread.


    It appears that hearing is only after denial, revocation or suspension. Which is great for those have notice their CHL/App is one of those three. However, not what I'm looking for.




    Perhaps I want clarity.

    * PIN letter, Mar 18 - Status online has never changed from "Processing Application"


    Sec. 411.176. REVIEW OF APPLICATION MATERIALS.

    Parts (a) - Done. Also, is this where the PIN in generated?

    Parts (b) - Done. Application caught on "The department shall send a fingerprint card to the Federal Bureau of Investigation for a national criminal history check of the applicant."


    * FBI Finger Print Redo Letter, March 25 - Status online still reads "Processing Application" even after letter

    What I can only gather is a result of Sec 411.176 (b). So my app went to the Director's designee, then to FBI where original prints were rejected. March 25 send a letter to Shorts telling her to redo her prints.



    * Redos received in Austin, Apr 9 - Status online reads "Processing Application"

    Where does my app go from Austin? Who's desk does it sit on? Director's designee again? How long does it take for him to get it? Does this restart the 60 day time limit in Sec 411.176 (b)? How long does the FBI check take? (maybe somewhere between Mar 18 - Mar 25 since that how long original prints determined to be "indiscernable").

    BTW, it's been 76 days since Austin has confirmed receipt of fingerprint redos. Hopefully they got to the Director's designee in 16 days because anything past is over the 60 day limit that guy has with my app to make a recommendation to Austin. I have not received any further correspendence.


    Once the Director's designee step is complete and a recommendation has been made by the Director's designee, why must it go back to Austin for: "further record check or investigation the department determines is necessary if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, except that the department shall complete the record check and investigation not later than the 180th day after the date the department receives the application materials from the applicant."?? Is that were Austin probes and prods my financial background?


    Is that 180 days from PIN letter? (99) Or the date the mail got to Austin's mail box? (128)


    If a recommendation has been made to approve or deny based on background checks and finger prints, how is any other information allowed to hold up the issuance of a license?


    ....so, tired.



     
  5. txinvestigator

    txinvestigator TGT Addict

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    That's a lot, so I'll try to help you here;

    DPS has 90 days from when they receive an application to issue, deny or tell you that you need a new license. The PIN has nothing to do with it, the online status has nothing to do with it.

    If they reject your prints, then they did not receive a "completed" application. Your application is "on hold" pending the return of classifiable prints.

    I have some interviews to get to, but when I return this evening I will try to address each of your questions.

    And I learned something, or maybe remembered something reading your last post. You is a she!
     
  6. TxEMTP69

    TxEMTP69 TGT Addict TGT Supporter

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    Sounds like from what I've read that they seem to start the clock over when you have to resubmit something (no one gets a pass to the front of the line it seems) I think it was MadMo who accidentally dropped his check from packet and took like 60 days for them to send a letter requesting the money and then had to send it back and wait
     
  7. SIG_Fiend

    SIG_Fiend Administrator TGT Supporter Admin

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    All I know is, there is always the very real possibility that with the long application wait times, there is probably some applicant out there that could become the victim of a crime and possibly be killed while still waiting for their CHL approval. All it takes is one or two of those and an angry family or two at the result of such serious injury or death, and you have one massive lawsuit on your hands.
     
  8. Shorts

    Shorts TGT Addict TGT Supporter

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    Ok ok, here's a free shot for all you fellas, on me: Well that explains the mood swings!

    :lolz: :tongueout:
     

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