Keep me informed...That's just a little to much Lawyering for meCowboyrob wrote:vHGWC wrote: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.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 :)
Well, I would have to disagree with your legal interpretation. The recourse under the law for a denial is a hearing in JP court. By the same statute, DPS must file the case which means no charge to you for filing. If they do not file as required within 30 days than the applcant needs to file with the court (in this case the Texas Supreme Court) a petition for an order to force the DPS to file for the hearing. If you try to sue in district court to force the DPS to act, you will just waste your time and money. In Texas, mandamus power over the executive branch of state government rests with the Texas Supreme Court. I don't see a cause of action on constitutional grounds and in order to prevail in mandamus action you must have exhausted the other remedies available. If you do not request a hearing from DPS you will be bounced out of court.
I will defer to Mr. Cotton to correct my interpretation of any of this; but, this is the path I am pursuing
