Are issuing agencies required to accept and process applications?

[CitaDeL]

I need someone to refresh my memory on governing case law.

As I understood it, issuing agencies are required to accept all applications and process them.

I just can't remember the citation.

[AWE]

You are correct they have a timeframe in (penal code 26205)
They have not been following the law 90 Days after receiving the application criminal background may take longer but they are not following the law.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=26205.

California Administrative Procedure Act
If a delay becomes egregious, courts will compel an agency to take prompt action.

https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=3.&title=2.&part=1.&chapter=3.5.&article=

I was looking for an attorney to make FOIA requests of prior applicants approved and denied for each month.

[CitaDeL]

You are correct they have a timeframe in (penal code 26205)
They have not been following the law 90 Days after receiving the application criminal background may take longer but they are not following the law.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=26205.

California Administrative Procedure Act
If a delay becomes egregious, courts will compel an agency to take prompt action.

https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=3.&title=2.&part=1.&chapter=3.5.&article=

I was looking for an attorney to make FOIA requests of prior applicants approved and denied for each month.

I was looking for case law in reference to issuing agencies being required to accept and process applications and forms.

If my memory serves me, the ruling directed the IA to exercise their discretion, rather than blanket refusing to process.

The statute also requires the applications and forms to be uniform throughout the state.

The trouble is, the applications and forms are not uniform, and might not be available at some agencies at all because theyre using a permitium web portal with custom features to,process all applications and amendments.

An agency exists that not only does not use uniform applications, but refuses to provide them.

[AWE]

I understand that I will keep looking for that case however even if that is found the DOJ revised the CCW procedure in 2020.

https://lasd.org/wp-content/uploads/2020/10/CCW_Application_BOF_4012_Rev.-08.2020.pdf

They site on the form under PEN Code 26715 sub g & h they are exempt regarding forms processing under the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

The PEN Code does not allow them to go beyond the 90-day timeframe from what I read only to choose standard forms or others which most are using Permitium.
Good cause and Good Moral Character are removed making the process more simple. The departments or agencies can choose any form they want to use which they are doing now to delay or stall the process. The agency you say refusing or does not have them must accept the DOJ Standard form its included in the link above.

[RickD427]

You are correct they have a timeframe in (penal code 26205)
They have not been following the law 90 Days after receiving the application criminal background may take longer but they are not following the law.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=26205.

California Administrative Procedure Act
If a delay becomes egregious, courts will compel an agency to take prompt action.

https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=3.&title=2.&part=1.&chapter=3.5.&article=

I was looking for an attorney to make FOIA requests of prior applicants approved and denied for each month.

You're wasting your time pursuing a FOIA request. The Freedom of Information Act does not apply to California State and local agencies.

Instead of the FOIA, please look at California's "Public Records Act." It is similar in many ways to the FOIA, but is also different in some regards.

You don't need an attorney to submit a request. California' DOJ maintains a website that allows you to submit requests on-line: https://oag.ca.gov/contact/publicrecords_form

Please note that the AG form will only get you records held by the AG. You'll need a separate request for each local agency.

Please keep in mind that the PRA only allows you to request records. It does not allow you to ask questions. If you write "I want to know how many permits were issued in 2020", expect a "We found no responsive records" reply. The reason being that the agency keeps individual permits and not a record showing the collective number of permits issued. See the difference? Make sure that you request identifiable records.

[Librarian]

I was looking for case law in reference to issuing agencies being required to accept and process applications and forms.

If my memory serves me, the ruling directed the IA to exercise their discretion, rather than blanket refusing to process.

The statute also requires the applications and forms to be uniform throughout the state.

The trouble is, the applications and forms are not uniform, and might not be available at some agencies at all because theyre using a permitium web portal with custom features to,process all applications and amendments.

An agency exists that not only does not use uniform applications, but refuses to provide them.

Salute v. Pitchess , 61 Cal.App.3d 557
[Civ. No. 47881. Court of Appeals of California, Second Appellate District, Division Four.
August 26, 1976.]

The petition before us alleges that petitioners are of good moral character and are residents of Los Angeles County. It is admitted that no inquiry into the existence of good cause has ever been made in connection with the application of these petitioners, or of any other applicant outside the limited group of public officials. It is the duty of the sheriff to make such an investigation and determination, on an individual basis, on every application under section 12050.

[CitaDeL]

Salute v. Pitchess , 61 Cal.App.3d 557
[Civ. No. 47881. Court of Appeals of California, Second Appellate District, Division Four.
August 26, 1976.]

Thank you. Exactly what I was looking for.