| (a) The department will revoke a license and will not
issue or renew permits or transfer existing permits under the license
if:
(1) the surety bond is not provided within the time
specified by the department under §21.152 of this subchapter
(relating to License Application) or §21.155 of this subchapter
(relating to License Renewals);
(2) surety bond coverage is terminated under §21.157
of this subchapter (relating to Temporary Suspension of License);
(3) the total number of final enforcement actions initiated
by the department against the license holder under §21.176 of
this subchapter (relating to Cancelation of Permit), §21.198
of this subchapter (relating to Order of Removal); §21.204 of
this subchapter (relating to Administrative Penalties for Commercial
Signs), §21.425 of chapter (relating to Cancelation of Permit), §21.426
of chapter (relating to Administrative Penalties), or §21.440
of chapter (relating to Order of Removal); or Transportation Code,
Chapters 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 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 previous
final administrative enforcement actions regarding the license or
any permit held under the license.
(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 at the address listed
on the notice letter 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).
(f) For the purposes of this section, an enforcement
action is final if the time for any further review of the action or
proceeding related to the action has expired.
|
| Source Note: The provisions of this §21.158 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective March 14, 2018, 43 TexReg 1446 |
