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by Charles L. Cotton
Fri Oct 23, 2015 9:32 am
Forum: DPS Updates
Topic: License was revoked 3 years ago, am I eligible to get chl back??
Replies: 21
Views: 20660

Re: License was revoked 3 years ago, am I eligible to get chl back??

infoman wrote:You would be disqualified for 7 years.
I was thinking of §411.186 also and I'm not sure it applies, based upon the facts stated. When DPS revokes a CHL, it is not for a specified period of time. Also, §411.186 expressly states that a CHL cannot be revoked based solely on pending charges. A suspension under §411.187 can and should be for a specific period of time, except when the suspension if due to charges being filed against the CHL.

The OP said he received a letter from DPS saying his CHL was "revoked" for 3 years and that he mailed in his CHL. This doesn't seem likely. For the reasons already stated,I suspect the letter actually said the license was "suspended" rather than "revoked." Since he mailed in his CHL in response to what I believe to be a suspension letter, then his license may not have been revoked. If it expired during the suspension period, then the CHL clearly was not revoked. In order to lawfully revoke the already suspended license, DPS would have to follow the notice and appeal requirements giving the CHLs an opportunity to appeal the revocation. Even if DPS records show the license was revoked, if the statutorily-required notice was not given, then the additional 2 year penalty should not be applied.

Chas.

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