Greetings to all....This is my 1st post on this forum; I'm hoping to get some guidance for "Filing a Petition for Leave to File a Late Claim" against CHP (State of California) I hope I'm using the correct terms.....This is my situation: In February 2014, I filed a petition with the OAL for an illegal underground regulation the CHP has been enforcing since approximately the 1980's and this underground regulation is what CHP has based my husband's termination and denial of participating in the CHP Tow program. This resulted in losing 10 contracts with various law enforcement agencies after over a decade of providing tow service to them....this resulted in a major loss of revenue, loss of equipment, credit rating severely damaged, and a loss of a home due to no revenue. Law enforcement tows were 90% of our revenue....hence no revenue = not being able to pay the bills.
Basically CHP was not recognizing a dismissal pursuant to 1203.4 PC for tow drivers to participate in their towing program. I filed the petition and won. CHP was mandated to stop enforcing the section in their Highway Patrol manual that disqualified drivers who received dismissal pursuant to 1203.4 and had to revise the manual in April 2014.
Here is where I'm running into a problem: I filed a California government claim (in Sacramento) against CHP for denying & terminating my husbands eligibility since 2011 soon as I won the petition with OAL and received a letter from California CHP Commission Farrow in April 2014 indicating that CHP will revise their manual and stop enforcing the section that referenced dismissals pursuant to 1203.4. On October 16, 2014, the Ca. Government Claims Program denied my claim for late filing; stating I should have filed in 2011 when the termination & denial occurred...I explained to them that it wasn't until we filed and won the petition with OAL (April 2014) that we were aware that a violation of my husband's civil rights had taken place by CHP.....I argued the denial of claim/late filing pursuant to the DISCOVERY OF HARM RULE.....They still denied my claim.....I was told that now I need to file a Petition of Relief for Late Filing with the courts.....
I have been searching online everywhere and can't seem to find any info on how to file this petition of relief. Shouldn't the Discovery of Harm Rule pertain to this claim?
Hopefully I have made this situation clear and didn't ramble on to much.....I look forward to receiving some great guidance and advice from this forum and members......
BTW: Any attorney's out there what to take on the case???
Basically CHP was not recognizing a dismissal pursuant to 1203.4 PC for tow drivers to participate in their towing program. I filed the petition and won. CHP was mandated to stop enforcing the section in their Highway Patrol manual that disqualified drivers who received dismissal pursuant to 1203.4 and had to revise the manual in April 2014.
Here is where I'm running into a problem: I filed a California government claim (in Sacramento) against CHP for denying & terminating my husbands eligibility since 2011 soon as I won the petition with OAL and received a letter from California CHP Commission Farrow in April 2014 indicating that CHP will revise their manual and stop enforcing the section that referenced dismissals pursuant to 1203.4. On October 16, 2014, the Ca. Government Claims Program denied my claim for late filing; stating I should have filed in 2011 when the termination & denial occurred...I explained to them that it wasn't until we filed and won the petition with OAL (April 2014) that we were aware that a violation of my husband's civil rights had taken place by CHP.....I argued the denial of claim/late filing pursuant to the DISCOVERY OF HARM RULE.....They still denied my claim.....I was told that now I need to file a Petition of Relief for Late Filing with the courts.....
I have been searching online everywhere and can't seem to find any info on how to file this petition of relief. Shouldn't the Discovery of Harm Rule pertain to this claim?
Hopefully I have made this situation clear and didn't ramble on to much.....I look forward to receiving some great guidance and advice from this forum and members......
BTW: Any attorney's out there what to take on the case???
Regulations and Procedures: Underground Regulations - Oal Petition Won
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