Instructors are told:dave_in_austin wrote:I find that concept somewhat disturbing. The Texas CHL is described as a "shall issue" license which is supposed to remove the personal discretion of who gets a CHL from the process. All who meet the statutory requirements are to be issued the license. If the instructor has discretion to make a decision that keeps a fully-qualified individual from obtaining the license, then it is effectively not a shall-issue license. The decision about who passes the course should be based on uniform objective criteria and I believe that that is what the legislature intended when they created the system.WildBill wrote:Since I am not an instructor, I don't have a copy of all of the rules that extremist has, but I have been told a couple of instructors that they have discretion whether or not to issue the certificate. IMO, any ethical instructor would issue the certificate.dave_in_austin wrote:If the student failed the material presented in this additional 5 hours, would that be a basis for saying the student failed to complete the course and thus deny the certificate?
"Even if a student passes the proficiency course, an instructor may recommend disapproval if he believes that the student is not eligible for the license. The Department may use a recommendation for disapproval if it is determined that the recommendation was made in good faith and is supported by a preponderance of the evidence.
That's it. Obviously, the instructor cannot make that decision themself, it has to be concurred with and acted on by the Department. Do I have an example of what we are talking about? Nope. But has it ever been done? I've been told it has. Perhaps someone else can give an example.
Regards,
James