| (a) The department will revoke a license if:
(1) the license holder does not file a new surety bond
with the department not later than the 30th day after the date the
license is suspended under §21.151 of this subchapter (relating
to Suspension of License);
(2) the total number of final enforcement actions initiated
by the department against the license holder under §21.174 of
this subchapter (relating to Cancellation of Permit), §21.190
of this subchapter (relating to Unlawful Sign), §21.191 of this
subchapter (relating to Administrative Penalties for Commercial Signs), §21.425
of this subchapter (relating to Cancellation of Permit), §21.426
of this subchapter (relating to Administrative Penalties), or §21.440
of this subchapter (relating to Order of Removal), or Transportation
Code, Chapter 391 or 394 that result in the cancellation of the license
holder's sign permit, payment of an amended penalty by the license
holder, or the removal of the license holder's sign that equals or
exceeds:
(A) 10 percent of the number of valid permits held
by the license holder if the license holder holds 1,000 or more 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
(3) the license holder has not complied with previous
final administrative enforcement actions relating to the license or
a permit held under the license.
(b) The department may revoke a license under §21.189
of this subchapter (relating to Fraudulent Activity) on a finding
of fraud.
(c) If the department revokes a license under this
section, the department will not issue permits, or transfer existing
permits, held under the license.
(d) The department will send notice of the revocation
of a license under this section by certified mail to the address of
record provided by the license holder.
(e) The notice under subsection (d) of this section
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.
(f) A license holder may request an administrative
hearing on the revocation of a license under this section. The request
must be made in writing to the department not later than the 90th
day after the date that the notice of revocation is sent.
(g) If timely requested, an administrative hearing
will be conducted in compliance with Chapter 1, Subchapter E of this
title (relating to Procedures in Contested Case).
(h) For the purposes of this section, an enforcement
action is final on the later of the date on which the action is affirmed
by order of the commission or on which the time for any further review
of the action or proceeding related to the action expires.
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