World's Most Belated Introduction

Archi · Aug 6, 2017

boundlessdyad said:
Get an Attorney, plenty of capable ones on the forum. IANAL but I have read numerous posts where a writ of mandamus (sp?) can be filed to get the government to stop stalling. Really is ridiculous when there is a process and the board has made its decision that the government again thinks that they can play games.

As far as I know the AAG is not part of the process officially at all the Governor has the absolute authority to order his state police superintendent to honor the boards decision and issue your permit. Sadly, Hogan has refused to step up in this manner in any instance.

I appreciate the counsel but at the moment, my strategy is active patience. My birthday is looming and my lay read of the law says that the permit will expire on my birthday following the two-years-from-issue date. So if I have this right, I get my an extra year on my permit if it's issued just after my birthday rather than just before. It will have been a close to a two year process to get this permit so the extra year to plan the renewal could be worthwhile since it's only good for two years.

And I agree with your assessment ... I can find nothing in the law that says that the AAG has a role here.

jonathanglock · Aug 6, 2017

Welcome from Smithsburg

Stoveman · Aug 6, 2017

Archi said:
No letter yet. I'm told that this is the AAG's review of the letter. Samiyah, at the HPRB, has been excellent at getting back to me with updates. She said that the Board has "several" decision letters in Draft, undergoing review by an Assistant Attorney General. She inquired how soon they will be complete and, at this time, there was no update. Also ...

Samiyah says that the MSP appeal window has already taken place. There was an initial 30-day wait after the vote during which -- again, according to Samiyah -- the MSP could have objected.

BTW, I loved your post about the world-record for the oldest introduction ... 12,798 posts later!

Mark75H said:
BS! MSP is required by COMAR to issue at the instruction of HPRB and the AG has no place at all in the process. Again ... you are being railroaded by folks outside the legal process.

I'm in the same boat with the OP, the hold up is NOT with MSP, it's the AAG that's assigned to the HPRB, Ben Legum, affectionately referred to as "JV Lawyer".

Stoveman · Aug 6, 2017

Archi said:
No letter yet. I'm told that this is the AAG's review of the letter. Samiyah, at the HPRB, has been excellent at getting back to me with updates. She said that the Board has "several" decision letters in Draft, undergoing review by an Assistant Attorney General. She inquired how soon they will be complete and, at this time, there was no update. Also ...

Samiyah says that the MSP appeal window has already taken place. There was an initial 30-day wait after the vote during which -- again, according to Samiyah -- the MSP could have objected.

BTW, I loved your post about the world-record for the oldest introduction ... 12,798 posts later!

I believe our dear Samiyah is incorrect. The decision of the HPRB is not final until the letter goes out to both the applicant and the MSP. It is at that time that the MSP or the applicant have 30 days to seek judicial review in Circuit Court.

Archi said:
I appreciate the counsel but at the moment, my strategy is active patience. My birthday is looming and my lay read of the law says that the permit will expire on my birthday following the two-years-from-issue date. So if I have this right, I get my an extra year on my permit if it's issued just after my birthday rather than just before. It will have been a close to a two year process to get this permit so the extra year to plan the renewal could be worthwhile since it's only good for two years.

And I agree with your assessment ... I can find nothing in the law that says that the AAG has a role here.

Well played, sir, and a great way to see the forest.

I will be rattling Samiyah's cage tomorrow and take it further if needed.

Stoveman · Aug 9, 2017

Amazing what happens after you send an email to Secretary Moyer of DPSCS.

Multiple emails back from the admin and the Executive Director of Special Programs and Services, whatever that is, at DPSCS to confirm that the holdup is INDEED with AAG Legum. He is currently "reviewing" 41 cases......

redeemed.man · Aug 9, 2017

Stoveman said:
Amazing what happens after you send an email to Secretary Moyer of DPSCS.

Multiple emails back from the admin and the Executive Director of Special Programs and Services, whatever that is, at DPSCS to confirm that the holdup is INDEED with AAG Legum. He is currently "reviewing" 41 cases......

Again, what authority exists under the law for him to delay the processing and issuance of the decision letter?

Stoveman · Aug 9, 2017

boundlessdyad said:
Again, what authority exists under the law for him to delay the processing and issuance of the decision letter?

Zero. I believe that the board has been having him review the letters as a courtesy, but that might change.... :innocent0

redeemed.man · Aug 9, 2017

Stoveman said:
Zero. I believe that the board has been having him review the letters as a courtesy, but that might change....

Sounds about right

fidelity · Aug 9, 2017

Stoveman said:
Zero. I believe that the board has been having him review the letters as a courtesy, but that might change....

Tactical error - should never have included them in the process. I bet that this was requested by the AAG. I wonder if the AG's office has also been playing the officers in the LD in the same manner, instructing them to deny, create restrictions, etc.

Mark75H · Aug 9, 2017

Stoveman said:
Amazing what happens after you send an email to Secretary Moyer of DPSCS.

Multiple emails back from the admin and the Executive Director of Special Programs and Services, whatever that is, at DPSCS to confirm that the holdup is INDEED with AAG Legum. He is currently "reviewing" 41 cases......

41 cases must go back months. If I were one of them, I'd be hiring a lawyer and starting a class action suit.

I bet this isn't the only thing Frosh is doing that oversteps the authority of his office.

Stoveman · Aug 9, 2017

fidelity said:
Tactical error - should never have included them in the process. I bet that this was requested by the AAG. I wonder if the AG's office has also been playing the officers in the LD in the same manner, instructing them to deny, create restrictions, etc.

In hindsight, yes, but in the past JV has turned them around in a timely fashion.

I have my suspicions on this particular batch but I'm not going to speculate in public.

fidelity · Aug 9, 2017

I trust your intuition/suspicions in these matters. :thumbsup:

Glad the HPRB is reconsidering their inclusion of a branch of state gov't which is overstepping statutory authority.

Schipperke · Aug 9, 2017

How many days does the state get to appeal a HPRB ruling? Maybe they don't issue until that time period is over.

aklax11 · Aug 9, 2017

Welcome!

Stoveman · Aug 9, 2017

Schipperke said:
How many days does the state get to appeal a HPRB ruling? Maybe they don't issue until that time period is over.

30 days AFTER receipt of the letter from the HPRB. No reason to stall.

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