DPS Hiring Temps and Approving OT

[AdamJ1555]

Perhaps there is relief coming and DPS will get closer to 60 day processing times?

http://www.myfoxaustin.com/story/244847 ... hl-backlog

[TBJK]

Perhaps there is relief coming and DPS will get closer to 60 day processing times?

http://www.myfoxaustin.com/story/244847 ... hl-backlog

Yep I saw that. I was going to post it up too.

[imvirus]

A excellent news to end the week for CHL applicants.

[AdamJ1555]

A excellent news to end the week for CHL applicants.

[jbarn]

It is a misnomer, as I understand it, that the process is required by law to be 60 days. DPS has, under the law, 90 days from receipt of materials to issue, deny or advise the applicant that more time is needed. At least that is how DPS explained it to my class and how I read the law.

I did receive an email last week that was sent after traditional office hours.

Texas GC
Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On receipt of application materials by the department at its Austin headquarters, the department shall conduct the appropriate criminal history record check of the applicant through its computerized criminal history system. Not later than the 30th day after the date the department receives the application materials, the department shall forward the materials to the director's designee in the geographical area of the applicant's residence so that the designee may conduct the investigation described by Subsection (b). For purposes of this section, the director's designee may be a noncommissioned employee of the department.

So this tells us DPS has 30 days to forward the application to the designee in the area where the applicant lives. So far, we have 30 days...

(b) The director's designee as needed shall conduct an additional criminal history record check of the applicant and an investigation of the applicant's local official records to verify the accuracy of the application materials. The director's designee may access any records necessary for purposes of this subsection. The scope of the record check and the investigation are at the sole discretion of the department, except that the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials. The department shall send a fingerprint card to the Federal Bureau of Investigation for a national criminal history check of the applicant. On completion of the investigation, the director's designee shall return all materials and the result of the investigation to the appropriate division of the department at its Austin headquarters.

So this tells us that the designee must complete his investigation within 60 days of DPS receiving the application. So we are now at 60 days.

Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. ...
(b) The department shall, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials:
(1) issue the license;
(2) notify the applicant in writing that the application was denied:
(A) on the grounds that the applicant failed to qualify under the criteria listed in Section 411.172;
(B) based on the affidavit of the director's designee submitted to the department under Section 411.176(c); or
(C) based on the affidavit of the qualified handgun instructor submitted to the department under Section 411.188(k); or
(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.

DPS has 30 days to get the material to the designee (the person doing the physical background), and 60 days from that date to issue, deny or notify the application they need more time.

90 days total.

[tomtexan]

Good news for all of those that are stuck in the "Waiting Room."

[TomV]

Is that 90 calendar days or 90 working days? Big difference.

I would anticipate if you asked DPS they are going to say working which puts it at 18 weeks or 126 calendar days.

I could be wrong.

[jbarn]

Is that 90 calendar days or 90 working days? Big difference.

I would anticipate if you asked DPS they are going to say working which puts it at 18 weeks or 126 calendar days.

I could be wrong.

The law does not specify working days, so it is just what it reads, days. I actually asked this specific question to DPS.