To all the DOJ fan boys.![]()
So Paul. Can your upcoming lawsuit(s) against the DOJ be class action? Or did we cover this already? Or should I just wait for WCInc to file?
Love the bit about the DOJ demanding hands on training. ...
Snip...
But hey.. it sounded good in my brain....
Outdoorsman1
175.60(2)(b)
The department [of justice] may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect or content of a license.
I guess I'll start my own lawsuit. Or wait for WCInc?
10-4 good buddy.
I guess I'll start my own lawsuit. Or wait for WCInc?
175.60(2)(b)
The department [of justice] may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect or content of a license.
Seems like it's written in English to me.
Snip...
I don't care if you don't care.....
Outdoorsman1
175.60(2)(b) is not violated by requiring face-to-face training or specific information from being present on a "proof of training" certificate.
I don't care if you don't care.....
I don't care if you don't care.....
It's not necessarily violated, but it does give DOJ the burden of showing that every requirement it imposes is authorized by a duty the statute assigns to DOJ. And I haven't found anything in DOJ's authority under Act 35 that would justify a face-to-face training requirement.
The burden is on the NRA, WCI, etc legal team to prove that it is not within the DOJ's scope of authority to create Admin Code and practices should they file suit.
Secondly, the Act does not establish an expiration date for the training. Thus, a
person with otherwise valid documentation of training may not be able to submit that
documentation with an application because it does not meet DOJ's form or content
requirements, and the person may no longer be able to locate the trainer (who could have
moved or retired for example) to have him or her update the documentation.
This is the part that I need to stick!! I went through training in 2008 with an instructor that was both NRA and WI certified...If the DOJ requires additional information on my certificate I would be SOL...I can not locate the instructor!!