Had my OAH hearing today in Hunt Valley. I have retrained Ed Hershon for this portion of my journey. My HPRB hearing was in Dec of 18 and the HPRB had a delay in sending out the decision letter, so here we are. I received my notice of appeal at the very end of May with a June 3rd OAH hearing. not a whole lot of time to formulate a plan and to decide who to work with.
I reached out to Ed and he was glad to take on the challenge. Ed was very impressive with his knowledge of the entire process, the law and what MSP is SUPPOSED to be doing.
The OAH hearing was OVER 2 1/2 hours long. MSP had no attorney, just Lazuwick(sp) and Taylor there to represent them. The OAH room has space enough for two members of each party and maybe 3 or 4 seats additional. The room gets warm quickly!!!
The judge STILL does not recognize the fact that the burden for this appeal rests on the MSP. That is a hurdle we MUST overcome. It is possible that he will realize this while completing his decision, but that is yet to be seen.
Ed did an incredible job calling MSP out on EVERY issue. The fact that they use generic, blanket restrictions for ALL business permits. The fact that they are not required to apply restrictions at all, but interpret the actual law to their own liking. They also cannot and will not define what "while conducting business" is , because they can't. They did admit that they do not know the intricacies of each permit holder's business, so how could an officer on the side of the road know?
MSP does not what to discuss hypothetical situations, like what might happen if a permit holder encounters law enforcement or what does a permit holder do when called away from business to a personal issue or vice-versa, but they do assume that a permit holder is a danger to the public without restrictions. Their argument is that the legislature believes the fewer guns on the street, the safer the public is. We all see how that is working out.
There are some more details that I will not divulge here due to the lack of privacy of this forum, but I do believe it was a productive hearing and am hoping for the best outcome.
Again, I cannot endorse and recommend Ed Hershon enough.
I reached out to Ed and he was glad to take on the challenge. Ed was very impressive with his knowledge of the entire process, the law and what MSP is SUPPOSED to be doing.
The OAH hearing was OVER 2 1/2 hours long. MSP had no attorney, just Lazuwick(sp) and Taylor there to represent them. The OAH room has space enough for two members of each party and maybe 3 or 4 seats additional. The room gets warm quickly!!!
The judge STILL does not recognize the fact that the burden for this appeal rests on the MSP. That is a hurdle we MUST overcome. It is possible that he will realize this while completing his decision, but that is yet to be seen.
Ed did an incredible job calling MSP out on EVERY issue. The fact that they use generic, blanket restrictions for ALL business permits. The fact that they are not required to apply restrictions at all, but interpret the actual law to their own liking. They also cannot and will not define what "while conducting business" is , because they can't. They did admit that they do not know the intricacies of each permit holder's business, so how could an officer on the side of the road know?
MSP does not what to discuss hypothetical situations, like what might happen if a permit holder encounters law enforcement or what does a permit holder do when called away from business to a personal issue or vice-versa, but they do assume that a permit holder is a danger to the public without restrictions. Their argument is that the legislature believes the fewer guns on the street, the safer the public is. We all see how that is working out.
There are some more details that I will not divulge here due to the lack of privacy of this forum, but I do believe it was a productive hearing and am hoping for the best outcome.
Again, I cannot endorse and recommend Ed Hershon enough.