Action filed against OSBI

[jhat]

Yesterday I filed a Motion for a Writ of Mandamus against the OSBI. They have had
my clients' application for over 120 days and have not issued or denied his license. He does not come within either exclusion section. The problem is a mid 70's marijuana arrest at a Tulsa rock concert wherein no charge was filed. Tulsa PD has no record of the arrest and there is, of course, no court record. OSBI wants my client to prove that he has no conviction. The code is clear that OSBI cannot create a rule or regulation placing extra requirements on the applicant. Since the statute dealing with District Court Writs provides for costs and attorneys fees, I intend to put a stop to the OSBI ignoring their statutory obligations. Too bad the assigned judge is out until monday and could not sign the Writ. Time to rock the boat.

 

[Hobbes]

If the facts are as you have stated I hope you get everything you ask for.

I thought the law was that they had a certain amount of time to deny or else approval was automatic.

 

[jhat]

You would be correct. It's 90 days.

 

[Hobbes]

You would be correct. It's 90 days.

That puts them in violation of the law.
What remedies are available, over and above the proper issuance of his license?

 

[jhat]

The code provides for an appeal if they deny the applicant. If they do not act the only remedy is to force them to do their non discretionary duty by way of a mandamus proceeding.

 

[Hobbes]

It sounds like the OSBI is in an enviable position then since there is no penalty for them violating the law in the first place.
The worst possible outcome for them is to do what they were supposed to do in the first place and there is no motivation for them to refrain from the same behavior with other applicants.

I would like to see that fixed in the next session.

 

[jhat]

As I stated, the statutes providing for district court writs of mandamus allow for attorney's fees and costs. When it costs them money they might get off their ass and do what is required by law.

 

[COZICAN]

Mine took 248 days. Applied 4/27 -Received 12/31. All they ever told me was that my folder was on the research table. I had a misdemeanor A&B years earlier.

Coz

 

[SMS]

Interesting. We should get this moved to the Second Amendment Legal, and Political thread and keep an eye on the progression.

(and doesn't the law actually state that if no records are found, OSBI only has 60 days to issue the license?)

 

[jhat]

My case should put a stop to that. I fully expect to prevail at which point OSBI will be on notice as to their statutory obligations. Attorney's fees will flow if applicants have to rely on the courts to protect their rights.