60 Day rule - does it apply?

[thorkyl]

Ok here we go. I will try to explain this with first the statute then the email from DPS then my interpretation.

411.177
(b) The department shall, not later than the 60th day after the date
of the receipt by the director's designee of the completed application
materials:
(1) issue the license;
(2) notify the applicant in writing that the application was denied:
(A) on the grounds that the applicant failed to qualify under the
criteria listed in Section 411.172;
(B) based on the affidavit of the director's designee submitted
to the department under Section 411.176(b); or
(C) based on the affidavit of the qualified handgun instructor
submitted to the department under Section 411.189(c); or
(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 explanation of the reason for the
inability and an estimation of the amount of time the department will
need to make the determination.

(c) 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.



Dear Ms. xxxxxxxxxxx:
The increase of applications has prompted the Department to work
on a plan of action. Your application is waiting on the required
background investigation to be completed. You have not been denied, so
there will be no need to start the process over. That part of the law
that you are referring to pertains to criminal files requiring
additional documentation or processing. I have requested that your
information be forwarded to my attention, once I receive the complete
application I will contact you. Thank you for your continued patience.

Heather Brummet
Texas Department of Public Safety
Administrative Assistant IV/Supervisor
heather.brummett@txdps.state.tx.us
PH 512-424-5742
FAX 512-424-7284

In this letter Mrs. Brummet says it does not apply

My interpretation
1 - The DPS has 60 days to act
2 - They then have an additional 30 days at which point it is a denial
3 - I never got a PIN letter when I got mine a few years back and my GF did not get one either
so I dont know whats in it however I am willing to be that was the first "notification" in the DPS's eyes

So, the day they receive it is day 1
Within 60 days they send the PIN, that starts the clock over
they then have 60 days to issue +30 that is auto denial

You log into the website to check the status and you are then "notified" again

Any email they send back to you or your State Rep. is also a notification to you.

Does the 60 day rule apply?
I think it does, I also think they are ignoring it as they have a mass shortage of people that
can do the back ground checks and have a stack 6 foot tall per person.

Just my $0.02 worth

[Count]

Are you willing to file suit to enforce it?

[dicion]

See these threads, they will answer ALL your questions in regards to the statutory time limits:

http://www.texasshooting.com/TexasCHL_F ... 42&t=25979" onclick="window.open(this.href);return false;
http://www.texasshooting.com/TexasCHL_F ... 42&t=24478" onclick="window.open(this.href);return false;

Yes it applies, but you can't really do anything until day 90. At which, you are officially denied by law, and can request a hearing.
A few people have done this, and, lo and behold.. guess what, their CHL's were miraculously ready.

However, I do not recommend you request a hearing unless you are completely ready and willing to take it all the way, including having a petition for a writ of mandamus ready to go for if/when DPS does not follow the law (again) and does not file the hearing as they are required to do.

It is pretty clear that the DPS workers do not actually know the laws, They're just workers, and probably not paid enough to care to know them. You have to take it to their legal department before they'll do anything about it.
A formal request for a hearing will do just that.

That part of the law that you are referring to pertains to criminal files requiring additional documentation or processing.

That is just a plain out Lie.

[thorkyl]

I already have my plastic and have for a few years, I just think its interesting that the DPS says it does not.
I know Harris County is a Big offender and I suspect if a full blown investigation was completed you would find they only do the BG's on the third Friday of the month then only if Billy Bob brought enough doughnuts.

[jdwashburn]

60 day rule does it apply? i would have to say no, just by self experience and by reading all the good stuff on this forum

[maxpower]

Are you willing to file suit to enforce it?

what's the point? they have seen a huge increase in applications and don't have enough people.

[Dexdahex]

I hope that explains it