i'm a newbie and have a question about appealing a denial. i've applied for a LTC class A ALP and want to be prepared just in case that i'm denied (even though i live in a green town on the GOAL list). from my reading of the statute - the licensing authority (the pd) must give a decision within 40 days and failure to give any decision is considered a denial. after a denial (including a denial by silence) i have only 90 days to appeal to the district court where i live. so worst case scenario, i don't hear anything in 40 days - i must file an appeal w/i 90 days. does that sound right or am (likely) missing something? also, is the burden of proof on them at an appeal to prove i'm not suitable or on me to prove that i am? thanks for your help!
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appeal ltc class a denial
- Thread starter elartco
- Start date
i'm a newbie and have a question about appealing a denial. i've applied for a LTC class A ALP and want to be prepared just in case that i'm denied (even though i live in a green town on the GOAL list). from my reading of the statute - the licensing authority (the pd) must give a decision within 40 days and failure to give any decision is considered a denial. after a denial (including a denial by silence) i have only 90 days to appeal to the district court where i live. so worst case scenario, i don't hear anything in 40 days - i must file an appeal w/i 90 days. does that sound right or am (likely) missing something? also, is the burden of proof on them at an appeal to prove i'm not suitable or on me to prove that i am? thanks for your help!
i'm a newbie and have a question about appealing a denial. i've applied for a LTC class A ALP and want to be prepared just in case that i'm denied (even though i live in a green town on the GOAL list). from my reading of the statute - the licensing authority (the pd) must give a decision within 40 days and failure to give any decision is considered a denial. after a denial (including a denial by silence) i have only 90 days to appeal to the district court where i live. so worst case scenario, i don't hear anything in 40 days - i must file an appeal w/i 90 days. does that sound right or am (likely) missing something? also, is the burden of proof on them at an appeal to prove i'm not suitable or on me to prove that i am? thanks for your help!
Welcome to the Forum elartco.
I wouldn't worry about being denied. Towns don't follow the law in this state. Most people wait 2 to 3 months. I'm sure they are just taking their time with it.
I wouldn't worry about being denied. Towns don't follow the law in this state. Most people wait 2 to 3 months. I'm sure they are just taking their time with it.
Welcome to the Forum elartco.
I wouldn't worry about being denied. Towns don't follow the law in this state. Most people wait 2 to 3 months. I'm sure they are just taking their time with it.
I wouldn't worry about being denied. Towns don't follow the law in this state. Most people wait 2 to 3 months. I'm sure they are just taking their time with it.
Welcome to the Forum elartco.
I wouldn't worry about being denied. Towns don't follow the law in this state. Most people wait 2 to 3 months. I'm sure they are just taking their time with it.
I wouldn't worry about being denied. Towns don't follow the law in this state. Most people wait 2 to 3 months. I'm sure they are just taking their time with it.
here is a thread on just LTC wait times. As you see 40 days is nothing.
http://northeastshooters.com/viewtopic.php?t=2262
http://northeastshooters.com/viewtopic.php?t=2262
here is a thread on just LTC wait times. As you see 40 days is nothing.
http://northeastshooters.com/viewtopic.php?t=2262
http://northeastshooters.com/viewtopic.php?t=2262
here is a thread on just LTC wait times. As you see 40 days is nothing.
http://northeastshooters.com/viewtopic.php?t=2262
http://northeastshooters.com/viewtopic.php?t=2262
elartco,
How long has it been since you gave them your application? Did they give you an estimated time? If it has been 60 days I would make a polite call and ask them if they can tell you the status of your application.
How long has it been since you gave them your application? Did they give you an estimated time? If it has been 60 days I would make a polite call and ask them if they can tell you the status of your application.
elartco,
How long has it been since you gave them your application? Did they give you an estimated time? If it has been 60 days I would make a polite call and ask them if they can tell you the status of your application.
How long has it been since you gave them your application? Did they give you an estimated time? If it has been 60 days I would make a polite call and ask them if they can tell you the status of your application.
elartco,
How long has it been since you gave them your application? Did they give you an estimated time? If it has been 60 days I would make a polite call and ask them if they can tell you the status of your application.
How long has it been since you gave them your application? Did they give you an estimated time? If it has been 60 days I would make a polite call and ask them if they can tell you the status of your application.
they said it would take approx. 6 weeks and it's been 6 wks and a day - so i'm probably completely overreacting. i would call but don't want to irritate the pd no matter how polite i can be.
i just don't want to lose my appeal rights in case they really drag their feet. i guess it comes down to whether it is worse to possibly irritate the pd with a call and maybe denied because of it or wait until the appeal period is almost up and then file a petition which willdefinitely piss them off.
i just don't want to lose my appeal rights in case they really drag their feet. i guess it comes down to whether it is worse to possibly irritate the pd with a call and maybe denied because of it or wait until the appeal period is almost up and then file a petition which willdefinitely piss them off.
they said it would take approx. 6 weeks and it's been 6 wks and a day - so i'm probably completely overreacting. i would call but don't want to irritate the pd no matter how polite i can be.
i just don't want to lose my appeal rights in case they really drag their feet. i guess it comes down to whether it is worse to possibly irritate the pd with a call and maybe denied because of it or wait until the appeal period is almost up and then file a petition which willdefinitely piss them off.
i just don't want to lose my appeal rights in case they really drag their feet. i guess it comes down to whether it is worse to possibly irritate the pd with a call and maybe denied because of it or wait until the appeal period is almost up and then file a petition which willdefinitely piss them off.
they said it would take approx. 6 weeks and it's been 6 wks and a day - so i'm probably completely overreacting. i would call but don't want to irritate the pd no matter how polite i can be.
i just don't want to lose my appeal rights in case they really drag their feet. i guess it comes down to whether it is worse to possibly irritate the pd with a call and maybe denied because of it or wait until the appeal period is almost up and then file a petition which willdefinitely piss them off.
i just don't want to lose my appeal rights in case they really drag their feet. i guess it comes down to whether it is worse to possibly irritate the pd with a call and maybe denied because of it or wait until the appeal period is almost up and then file a petition which willdefinitely piss them off.
Were your fingerprints taken when you filed the application? IF not, your application is going nowhere.
The PD is required by law to SUBMIT the prints to the State Police w/i 7 days of receiving the application.
And waiting more than 130 days is just ridiculous for the reason you have already deduced.![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
The PD is required by law to SUBMIT the prints to the State Police w/i 7 days of receiving the application.
And waiting more than 130 days is just ridiculous for the reason you have already deduced.
Were your fingerprints taken when you filed the application? IF not, your application is going nowhere.
The PD is required by law to SUBMIT the prints to the State Police w/i 7 days of receiving the application.
And waiting more than 130 days is just ridiculous for the reason you have already deduced.
The PD is required by law to SUBMIT the prints to the State Police w/i 7 days of receiving the application.
And waiting more than 130 days is just ridiculous for the reason you have already deduced.
Were your fingerprints taken when you filed the application? IF not, your application is going nowhere.
The PD is required by law to SUBMIT the prints to the State Police w/i 7 days of receiving the application.
And waiting more than 130 days is just ridiculous for the reason you have already deduced.
The PD is required by law to SUBMIT the prints to the State Police w/i 7 days of receiving the application.
And waiting more than 130 days is just ridiculous for the reason you have already deduced.
yes, i had my photo/prints taken at the time of the interview - when i signed the application the pd printed off his 'puter. i kept a copy of the applic. i had submitted and got a receipt for the check i submitted. is there any point to calling the frb?
yes, i had my photo/prints taken at the time of the interview - when i signed the application the pd printed off his 'puter. i kept a copy of the applic. i had submitted and got a receipt for the check i submitted. is there any point to calling the frb?
yes, i had my photo/prints taken at the time of the interview - when i signed the application the pd printed off his 'puter. i kept a copy of the applic. i had submitted and got a receipt for the check i submitted. is there any point to calling the frb?
elartco,
I've had the same experience as you. I applied in a green town for ALP and did photo/prints the whole shebang at the first meeting with the deputy chief. I was told six weeks also and started to worry about the denial and the 90 days. I called once a week from weeks 7 through 9 and was told each time that they haven't received any license yet. It took 11 weeks to get mine, I know it's hard but be patient. Welcome to the Forum.
I've had the same experience as you. I applied in a green town for ALP and did photo/prints the whole shebang at the first meeting with the deputy chief. I was told six weeks also and started to worry about the denial and the 90 days. I called once a week from weeks 7 through 9 and was told each time that they haven't received any license yet. It took 11 weeks to get mine, I know it's hard but be patient. Welcome to the Forum.
elartco,
I've had the same experience as you. I applied in a green town for ALP and did photo/prints the whole shebang at the first meeting with the deputy chief. I was told six weeks also and started to worry about the denial and the 90 days. I called once a week from weeks 7 through 9 and was told each time that they haven't received any license yet. It took 11 weeks to get mine, I know it's hard but be patient. Welcome to the Forum.
I've had the same experience as you. I applied in a green town for ALP and did photo/prints the whole shebang at the first meeting with the deputy chief. I was told six weeks also and started to worry about the denial and the 90 days. I called once a week from weeks 7 through 9 and was told each time that they haven't received any license yet. It took 11 weeks to get mine, I know it's hard but be patient. Welcome to the Forum.
elartco,
I've had the same experience as you. I applied in a green town for ALP and did photo/prints the whole shebang at the first meeting with the deputy chief. I was told six weeks also and started to worry about the denial and the 90 days. I called once a week from weeks 7 through 9 and was told each time that they haven't received any license yet. It took 11 weeks to get mine, I know it's hard but be patient. Welcome to the Forum.
I've had the same experience as you. I applied in a green town for ALP and did photo/prints the whole shebang at the first meeting with the deputy chief. I was told six weeks also and started to worry about the denial and the 90 days. I called once a week from weeks 7 through 9 and was told each time that they haven't received any license yet. It took 11 weeks to get mine, I know it's hard but be patient. Welcome to the Forum.
thanks for the advice KC - it's hard for me not to do anything because i'm thinking about it so much and want to take some action. but i guess the best thing to do is to do nothing and start calling in a week or two. is the pd the place to call or the frb (can they tell me where in the machine my applic is?)
thanks for the advice KC - it's hard for me not to do anything because i'm thinking about it so much and want to take some action. but i guess the best thing to do is to do nothing and start calling in a week or two. is the pd the place to call or the frb (can they tell me where in the machine my applic is?)
thanks for the advice KC - it's hard for me not to do anything because i'm thinking about it so much and want to take some action. but i guess the best thing to do is to do nothing and start calling in a week or two. is the pd the place to call or the frb (can they tell me where in the machine my applic is?)
