Re: Talked to the office of the Chairman of the Licensing and
by Charles L. Cotton » Wed Jul 01, 2009 9:13 pm
Some folks have indicated they are going to send letters to DPS asking for a hearing on their denial. Anyone whose application has been delayed 30 days or more can do this, but there are some pitfalls if you don't know how to proceed once the hearing has been scheduled in the J.P. court.
I'm not trying to discourage anyone, but I have been carefully planning a coordinated effort to have the maximum impact and hopefully generate some meaningful changes. My goal is not only to help individual clients/CHL's, but to force a change that will benefit everyone. If someone loses in J.P. court and then goes on to ultimately lose in the appellate courts, then some bad case law could be created that could be very difficult to overcome. This is not something that should be taken lightly, so please consider this if you are planning to do this without an attorney, or an attorney not completely familiar with the controlling code provisions and case law.
Chas.
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Return to “Forcing the issue?”
- Wed Jul 08, 2009 8:26 pm
- Forum: The "Waiting Room"
- Topic: Forcing the issue?
- Replies: 33
- Views: 7160
Re: Forcing the issue?
- Wed Jul 08, 2009 8:15 pm
- Forum: The "Waiting Room"
- Topic: Forcing the issue?
- Replies: 33
- Views: 7160
Re: Forcing the issue?
Have you read Charles Cotton's post where he is preparing to hit DPS with thousands of such cases?Cowboyrob wrote:I have had enough mismanagement by DPS. My legilators have been ineffective at getting DPS to get it's act together. If they refuse to administer this program appropriately, I am going to do my best to make them look bad and force them to put some effort into my case. Sent electronically and by certified mail a demand for a hearing on the "denial" of my license. I am now in th 5th month of waiting. We'll see what my justice of the peace has to say.
While he won't ask individuals not to pursue this individually, he does caution that establishing case law in these individual cases may well do more harm than good.