Thread: Stanislaus
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Old 10-29-2015, 12:17 PM
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Ripon83 Ripon83 is offline
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In reading this code the Sheriff could comply with the law with a simple email stating the application is still in process and not denied or approved. It merely says they must give notice. That notice could state "denied until investigation is complete" and it would comply with the law - which sucks but if his lawyer were advising him - that's all he'd have to do

Originally Posted by Jason95357 View Post
Anyone up for a lawsuit? They are going over the statutory 90 days allowed in the PC.

26205. The licensing authority shall give written notice to the applicant indicating if the license under this article is approved or denied. The licensing authority shall give this notice within 90 days of the initial application for a new license or a license renewal, or 30 days after receipt of the applicant's criminal background check from the Department of Justice, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied.

Even if the DOJ is taking 60 days, the IA still only has 90 days total to respond with an answer. If the DOJ is answering in 61 or greater days, then they only have 30 days after the DOJ response.

So in the case of them not responding for 5 months, the only legal way that can happen is if the DOJ is taking 4 months to respond.

The other game they might be playing is not submitting the application to the DOJ right away and sitting on it. Does anyone know if it is instantaneous when the Live Scan is done on the application submission/appointment day? In other words, does doing the Live Scan immediately kick off the DoJ process, or is there a follow-up paper trail that the IA has to submit along with it?
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