So if you read the original email on page 9 of this thread and the replies on page 10 this is what happened after that.
First, the reply from Jon telling me that no laws were being broken:
Mr. Stock,
You know, I completely understand where you're coming from on this. What helps us the most is that you're letting us know that this situation has occurred and we're able to get with DPS and find out what the problem is in your specific situation. Most of the time when we receive this complaint, by the time we get back in touch with the person who has issued the complaint they've already either received their license or their notice. Before the double whammy occurred of Ike plus fear of the new presidential administration (causing a record number of CHL applications) we never received a single complaint about the processing time.
On the question about DPS "breaking the law," the technical answer is that there is no penalty to be assessed. The 60 day guidelines are a target for the DPS to hit, and they appear to hit that most of the time. Like I said, as far as we know, they hit it all the time until just a few months ago when we began to receive these types of complaints. When we find out from constituents that there is a problem, we look into it and see what it takes to keep it from happening again. We are planning on taking a formal look at it this interim to see if there is a widespread problem that is trending the wrong direction, but the short answer we've received so far is that we've given DPS mandates that they cannot meet with the resources they've been given. We believe these new resources will make the department more efficient across the board, including in this area.
We'll call DPS today and see what the status is on your application. Thanks again for bringing it to our attention! We'll let you know what we find out.
Sincerely,
Jon English
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Next, my reply to him on why I disagreed:
Mr. English,
Again, I appreciate your help with this matter and I'm trying not to take out my frustrations on you. I only want to make your office, as my representation, aware of what I am going through. However, I am not sure that I agree with your assessment that GC 411.177 is merely a guideline for DPS to follow. It clearly states that one of three things must happen no later than 60 days from them receiving and application. The language used in that section doesn't sound optional to me. If it is as you say a "guideline" or a "target" then which laws posted on their site are actually laws?
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf" onclick="window.open(this.href);return false;
Since this section falls under Chapter 1 "Laws Relating to the Carrying of A Concealed Handgun in Texas" I assumed that they were indeed laws that are to be followed by everyone. Perhaps maybe GC 411.189 which relates to the handgun proficiency requirement could be interpreted as a guideline or target and not really necessary. I'm not trying to be smart with you or give you a hard time, really. It was the complete lack of concern from the DPS and their "above the law" attitude that sparked my initial email. If they would have just followed option 3 and sent me a letter within the 60 days and explained that they wouldn't be able to meet the deadline for reasons listed and an estimate of when they thought it would be complete I would have been ok with that. Instead, I get someone on the phone who is unhelpful and basically unprofessional.
Thank you again for your help and don't let my griping ruin your day.
Regards,
Steve Stock
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Jon's repsone to add closure:
Mr. Stock,
I don't think you're being difficult at all! And you're right, not even being notified that DPS is not in under the deadline is a problem that is actually not common. The processing delay is common, but not hearing absolutely nothing. We've called DPS to find out what happened in your situation, and it's something we'll be specifically monitoring from now on. Please keep us informed and we'll give you a call when we hear something back.
Sincerely,
Jon English
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Whatever, I got the phone call to DPS on my behalf that I wanted all along. If this guy wouldn't have tried to blow so much smoke up my rear, I wouldn't have been such a wise guy to him.