| (a) The department will cancel a permit for a commercial
sign if the sign:
(1) is not maintained in compliance with this subchapter
or Transportation Code, Chapter 391;
(2) is destroyed, as determined under §21.185
of this subchapter (relating to Damage to or Destruction of a Commercial
Sign);
(3) is abandoned, as determined under §21.175
of this subchapter (relating to Abandonment of Sign);
(4) is erected, maintained, or substantially changed
in violation of this subchapter, including under §21.164 of this
subchapter (relating to Erection and Maintenance of Commercial Sign
from Private Property), §21.170 of this subchapter (relating
to Amended Permit), or §21.188 of this subchapter (relating to
Destruction of Vegetation and Access from Right of Way Prohibited),
or in violation of Transportation Code, Chapter 391;
(5) is erected by an applicant who provides false or
misleading information in the permit application;
(6) is located in an unzoned commercial or industrial
area in which the activity supporting the area's recognition as an
unzoned commercial or industrial area was created primarily or exclusively
to qualify the area as an unzoned commercial or industrial area; or
(7) is located in violation of §21.177 of this
subchapter (relating to Prohibited Sign Locations).
(b) The department will cancel a permit for a commercial
sign if the sign owner fails to pay an administrative penalty imposed
under §21.191 of this subchapter, (relating to Administrative
Penalties for Commercial Signs).
(c) The department will cancel a permit for a commercial
sign immediately on the discovery that the department had erroneously
issued a permit for a sign that violates Transportation Code, Chapter
391, or this subchapter.
(d) On the determination that a permit should be canceled,
the department will send by certified mail the notice of cancellation
to the address of the record permit holder. The notice must state:
(1) the reason for the cancellation;
(2) the effective date of the cancellation;
(3) the right of the permit holder to request an administrative
hearing on the cancellation; and
(4) the procedure for requesting a hearing and the
period for filing the request.
(e) If after sending a notice of cancellation under
subsection (d) of this section the department finds additional reasons
for the permit's cancellation, the department may send an amended
notice of cancellation that includes those additional reasons.
(f) A permit holder may request an administrative hearing
on the cancellation of a permit under this section. The request must
be in writing and received by the department not later than the 90th
day after the date that the notice of cancellation 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) and the cancellation
is abated until the cancellation is affirmed by order of the commission.
(h) If the basis for the cancellation of a permit is
cured not later than the 90th day after the date on which the permit
holder was sent the notice of cancellation, the department will rescind
the cancellation and penalties if:
(1) the permit is for a conforming sign; or
(2) the permit is for a nonconforming sign that was
cancelled under §21.164(b) of this subchapter (relating to Erection
and Maintenance of Commercial Sign from Private Property) or under §21.175(a)(1)
of this subchapter (relating to Abandonment of Sign).
(i) To show that the basis for cancellation has been
cured, a permit holder must provide to the department evidence that
the sign meets all requirements of this subchapter and that, if required,
the license holder has obtained an amended permit for the sign under §21.170
of this subchapter (relating to Amended Permit) to make changes or
to register unauthorized changes.
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