Forcing the issue?

[infoman]

Ok, here it goes again.. I totally agree that asking or requesting a hearing will speed up the process and may very well help get your license much faster, but again, that's not the point I'm trying to relay. Of course, if you write/contact your state reps, contact Gov., contact media, contact and request a denial hearing, obviously it's going to help get your license faster. What I'm saying is this: NOBODY will get a "denial hearing" in front of an actual judge in an actual court until they are "officially" denied by dps in writting. I'm debating the reality of the situation, not the purpose of the situation. Of course "forcing the issue" will help get your license faster or make them speed up the process. I'm challenging anyone who is currently waiting for their application to be processed to actaully go to a court and go infront of a judge in an actual "denial Hearing". In my opinion, it is not possible and I won't believe it possible until I see evidence of it actually happening. Anyone can call, email or write all day long for a request of a denial hearing, but until someone actually gets one, it's all talk and heresy at this point. that's all I'm saying. Someone please tell him I'm wrong and show some evidence to back it up. I don't want to hear of anyone "asking" for a denial hearing, I want to hear of someone who has actaully been to a denial hearing in front of a judge in a court. Until then, it's just not reality.

[boomerang]

You're probably right.

If someone
1. paid for and sat through a ten hour class
2. submitted fingerprints and photographs
3. submitted notarized affidavits
4. paid the $140 fee and
5. waited 90+ days
with the goal of getting a hearing in front of a JP,
then they will probably be disappointed.

[dicion]

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.

[HGWC]

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.

The ultimate outcome of forcing the DPS to comply with the law and issue the licenses within 60 days is that they'll have to use discretion in defining local background checks "as needed" such that all applications are completed within 60 days using available resources. That's exactly what the law says now. They'll just have to comply with it. No more of this tax payer boondoggle. No more of this systemic denial of one of our most fundamental rights by a state police agency acting as if they were above the law.