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- Apr 24, 2005
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The "send it certified" accomplishes nothing unless you are willing to retain legal (or convince an org like comm2a to do it) to follow up. Your assertions that you "applied" will be met with "no, you did not". The PD will not respond with "Guess your outsmarted us, we'll get that into MIRCS right away".
Your attorney would need to either get a court order forcing the PD to formally accept the application, or alternatively, wait the 40 days and file a denial appeal in district court and no action in 40 days may be considered a denial and basis for an appeal.
The first obstacle your attorney will face is overcoming the chief's argument you have not applied until (s)he accepts it. If you don't hear "dismissed, next case please", your attorney will ask the court to order the license issued. The chief will the object stating (s)has not had any time to do the background check and the court will grant the chief what it considers a suitable amount of time ... or just rule that the applicant has to wait until your name comes up in the waiting list.
Your attorney would need to either get a court order forcing the PD to formally accept the application, or alternatively, wait the 40 days and file a denial appeal in district court and no action in 40 days may be considered a denial and basis for an appeal.
The first obstacle your attorney will face is overcoming the chief's argument you have not applied until (s)he accepts it. If you don't hear "dismissed, next case please", your attorney will ask the court to order the license issued. The chief will the object stating (s)has not had any time to do the background check and the court will grant the chief what it considers a suitable amount of time ... or just rule that the applicant has to wait until your name comes up in the waiting list.