For initial CHL applications:
- No later than 30 days after receipt of application materials (not a completed application), DPS must send file to the DPS local designee - [§411.176(a)];
No later than 60 days after "local designee" receives a completed application, DPS must:- 1) issue the license;
2) deny the license; or
3) issue a letter explaining specifically why they can't comply with the statute and give an estimate when they will finish [§411.177(b)], not to exceed 180 days [§411.176(b)
- 1) issue the license;
Renewal CHL applications:
The only difference is that DPS only has 45 days from the date DPS (not their "local designee") receives a completed application packet to issue, deny, or send a letter of explanation.
Once DPS fails to meet the 60 day or 45 day deadline, it constitutes a denial and DPS cannot remedy this by sending a late explanation letter. As explained in another post, the applicant is not subject to the 30 day time limit within which to "appeal" the denial, if they have not received a denial letter.
Also, DPS can lawfully take up to 180 days only "if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant[.]" Being over worked, under staffed, or any other reason short of a demonstrable question as to accuracy or eligibility will not justify extending the processing period to 180 days. In other words, saying "we haven't finished our investigation so we don't know if you are eligible" doesn't work. The statute requires that something in the investigation completed to date raises a question as to the accuracy of the application, or the eligibility of the applicant.
I hope this helps.
Chas.
