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Cowboyrob wrote:For those of you following the saga, I received a nice email from TDPS customer service assuring me they had not denied my application and that they were still in the background check. I politely responded that by statute I had been denied and that I looked forward to my hearing.

As I have contemplated the statue further, I am wondering whether sending the application to counties other than your current residence is within the perogaties of the DPS. ( i live in Ft. Bend but lived in Harris 4 years ago where my BG check goes on..)

Quite frankly, I'm expecting to have to go to court to force them to have the hearing.

I'll keep you all informed

DPS Got my denial hearing letter on the 3rd called me on the 14th shipped it on the 16th and I got it on the 17th

I sent them an overnight certified return reciept sig required letter :)

I am currently pushing the issue with DPS, I've contacted my senator 3 times on the issue as well as contacting DPS about it. My last effort to contact my senator via e-mail was forwarded to DPS with this canned response "At this time we are awaiting the completion of the background investigation. Unfortunately, we do not have an estimated time of completion Thank you for your continued patience." as a result of that I e-mailed this letter back to DPS... I wonder if they will like me after they read it, don't care though. It's pitiful I've been in the armed forces, I've been a correctional officer and I've never once had a ticket but yet it takes that long for a background check? bull! anyway, here is my reponse to the DPS e-mail.

" While I understand that my background investigation is not complete I would like to point out that according to GC 9411 .I 76 "The scope of the record check and the investigation are at the sole discretion of the department" With that in mind the following law also states that if the background check is not completed in 60 days, according to GC 5411.177 "1. Issue the license; 2. notify the applicant in writing that the application was denied...; 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 estimation of the amount of time the department will need to make the determination." With that in mind informing me that you don't have an estimated time of completion is unacceptable.
Futhermore the Department of Public Saftey (DPS) did not notify me in writing that they could not issue my license in 60 day giving me a reason OR the time that it would take to make the determination which brings in subsection C of GC 5411.177 which states "Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial." which means that since I was not informed, issued, or denied a license 30 days after DPS was required to act that by law I have been denied a license.
With this in mind DPS recieved written notification on Jul 3rd via a certified return receipt letter of my request to have a hearing on the denial of my license as written in GC g411.180 which states that "the applicant or license holder may request a hearing on the denial, revocation, or suspension." With that in mind I would like a response as to either 1. That my license has been approved, or 2. when my hearing on the denial of my license is scheduled. Thank you for your time.

Sincerely,

My Name Here"

it made me feel good about myself to send an angry letter, that was my first one, all my other ones have been polite.

edit: I think what made me mad about the whole thing is that instead of replying to my e-mail or calling me my state rep just forwarded my e-mail to DPS like pfft whatever