sending a .out file through a DIO driver

i have a driver that i have been trying to convert from a 2.4 kernel to a
2.6 kernel drivers.  So far it has gone pretty well, however i now need to
send the DSP code to the board, and i was looking through some of the other
programs, and i haven't been able to find one that has had it.  the program
dies right after:

aux_data = aux_data = comedi_aux_data(it->options, 0);
  aux_len = it->options[COMEDI_DEVCONF_AUX_DATA_LENGTH];

aux_data ends up as either null or 0 , which causes the driver to print and
error message, then die instantly.  However i have been looking through the
included libraries (comedidev, pci , and comedi_fc) and from the best i can
tell in both this version and the original version (0.7.70) i have not been
able to think of a situation where it would not end up being 0.  Any
suggestions or help would be greatly appreciated,

-Christophe