(a) The department will initiate an enforcement proceeding,
as described in this section, to revoke a license holder's license
if:
(1) the license holder does not provide the department
with the required surety bond within the time specified in §21.449
of this subchapter (relating to License Application) or §21.452
of this subchapter (relating to License Renewals);
(2) the license holder's surety bond coverage is terminated
under §21.454 of this subchapter (relating to Temporary Suspension
of License);
(3) the number of final enforcement actions of this
subchapter, Subchapter I of this chapter (relating to Regulation of
Signs Along Interstate and Primary Highways), or Transportation Code,
Chapters 391 and 394, committed by the license holder in the aggregate
equal or exceed:
(A) 10 percent of the number of valid permits held
by the license holder, if the license holder holds more than 1,000
sign permits;
(B) 20 percent of the number of valid permits held
by the license holder, if the license holder holds at least 500 but
fewer than 1,000 sign permits;
(C) 25 percent of the number of valid permits held
by the license holder if the license holder holds at least 100 but
fewer than 500 sign permits; or
(D) 30 percent of the number of valid permits held
by the license holder if the license holder holds fewer than 100 sign
permits; or
(4) the license holder has not complied with any administrative
orders or agreements arising out of and relating to previous enforcement
actions initiated against the license holder under this section.
(b) The department will send notice by certified mail
of an action under this section to the address of record provided
by the license holder.
(c) The notice will clearly state:
(1) the reasons for the action;
(2) the effective date of the action;
(3) the right of the license holder to request an administrative
hearing; and
(4) the procedure for requesting a hearing including
the period in which the request must be made.
(d) A request for an administrative hearing under this
section must be made in writing to the department within 45 days after
the date that the notice is mailed.
(e) If timely requested, an administrative hearing
will be conducted in accordance with Chapter 1, Subchapter E of this
title (relating to Procedures in Contested Case).
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