| (a) If a commercial sign application is denied, the
applicant may file a request for an appeal with the executive director
through the Right of Way Division.
(b) The request for appeal must be submitted by email
to the address, ROW_outdooradvertising@txdot.gov.
(c) The request must:
(1) contain a statement of why the denial is believed
to be in error;
(2) provide evidence that supports the issuance of
the application approval, such as documents, drawings, surveys, or
photographs; and
(3) be received not later than the 90th day after the
date the notice of denial is sent.
(d) The executive director or the executive director's
designee, who is not below the level of assistant executive director,
will make a final determination on the appeal not later than the 90th
day after the date that the executive director receives the request
for appeal.
(e) If the final determination under subsection (d)
of this section is that the application is denied, the executive director
or the executive director's designee will send the final determination
to the applicant stating the reason for denial. If the determination
is that the application be approved, the department will issue the
approval in compliance with §21.159 of this subchapter (relating
to Decision on Application).
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