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.
I couldnt agree more....govt agencies at all levels have no respect for the law....witness the many cases of perjury by the folks in DC....they have limitless legal representation while most of us cant afford an attorney, and public defenders are more like a sud-assistant DA....a grass roots movement to hold them accountable may as well start here....GO FOR IT