Search found 4 matches

Return to “Forcing the issue?”

by dicion
Wed Aug 05, 2009 5:54 pm
Forum: The "Waiting Room"
Topic: Forcing the issue?
Replies: 33
Views: 6762

Re: Forcing the issue?

Infoman: we all understand what you're saying. And I am inclined to agree, DPS will most likely not file the hearing, even though they are required to do so by law.

Also, You are correct, there is 'law', and there is 'what actually happens'.

This is why CowboyRob had a petition for a writ of mandamus ready to go for when they did not.

See http://en.wikipedia.org/wiki/Mandamus" onclick="window.open(this.href);return false;
A writ of mandamus or mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".[1]
Basically, if the DPS does not comply with the law, as they probably will not do, then you go above them to force them to do so. Plain and simple.
Does it take extra time, effort, and money? Yes. Will it TOTALLY be worth it? Definately.
This is where the law gets applied to them, by force. This is the teeth of the law that DPS will be bitten by if they do not comply.
by dicion
Wed Aug 05, 2009 7:28 am
Forum: The "Waiting Room"
Topic: Forcing the issue?
Replies: 33
Views: 6762

Re: Forcing the issue?

Chip wrote:IMHO: The outcome of more individuals pushing this strategy will simply be DPS starting to issue the required "your application has been delayed" letter at the 60 day mark.

I had several conversations with my state representatives during the processing, and they contacted DPS on my behalf. I started this at about the 95 day mark, and had plastic at 115 days. This included the dreaded Harris County background check. During that period, I called DPS directly maybe three times, and they said that they had a "legislative action sheet" or some such thing on me. It did make a difference. CowboyRob, if you had contacted your reps, it's hard to say which option worked. Probably a combination of both. BUT, if enough people start demanding hearings, it's a simple matter for DPS to stay within the law by simply issuing that delay notice. If Charles is working something about the implicit denial provisions, that would potentially put a stop to it.

I hope that no one from DPS is reading this post......
That doesn't matter. The letter at 60 days still does not allow them to go past the 90 day mark. The 90 day limit applies whether they sent the letter or not. The implicit denial is Not dependant on them not acting at the 60 day mark. It is simply 'If you have not been issued or denied 30 days after the department is required to act (the 60 day mark, so 90 days), you have been denied' plain and simple. The reference to the 60 day mark is only for a time reference, nothing else.
by dicion
Thu Jul 09, 2009 10:31 am
Forum: The "Waiting Room"
Topic: Forcing the issue?
Replies: 33
Views: 6762

Re: Forcing the issue?

Also, CrimsonSoul:

If you did not send your hearing request by postal mail, it does not meet the requirements as defined by law. They can ignore it.

If you are dead set to request a hearing, I recommend physically mailing them something to the effect of this:
http://www.dicion.net/chlletter.doc" onclick="window.open(this.href);return false;

My Actual recommendation, however, at this time, would to be to wait for Charles to start his campaign that he is gearing up for, and get in on that if you are able.
by dicion
Thu Jul 09, 2009 10:21 am
Forum: The "Waiting Room"
Topic: Forcing the issue?
Replies: 33
Views: 6762

Re: Forcing the issue?

I am very interested in following these 2 denial hearing requests.
I would definitely recommend taking a lawyer to the Hearing, to make sure that correct procedures are followed, etc.

Basically, all you should have to show the Justice is the black and white wording of the statutes. I'd have the applicable sections printed out, nicely ordered & labelled, applicable sections highlighted, and ready to display.

I might be doing the same, except for the fact that they had to request additional documentation from me, which therefore reset my 90-day timer since I did not provide a 'completed application' until I sent them the additional information :grumble

Please, keep us updated every step of the way.

Return to “Forcing the issue?”