| (a) The department will cancel a permit for a commercial
sign if the sign:
(1) is removed, unless the sign is removed and re-erected
at the request of a condemning authority;
(2) is not maintained in accordance with this subchapter
or Transportation Code, Chapter 391;
(3) is damaged beyond repair, as determined under §21.197
of this subchapter (relating to Discontinuance of Nonconforming Commercial
Sign Due to Destruction);
(4) is abandoned, as determined under §21.181
of this subchapter (relating to Abandonment of Sign);
(5) has substantial changes made to a non-conforming
sign in violation of this subchapter or Transportation Code, Chapter
391;
(6) is built by an applicant who uses false information
on a material issue of the permit application;
(7) is erected, repaired, or maintained in violation
of §21.199 of this subchapter (relating to Destruction of Vegetation
and Access from Right of Way Prohibited);
(8) has been made more visible by the permit holder
clearing vegetation from the highway right of way in violation of §21.199
of this subchapter;
(9) is located in an unzoned commercial or industrial
area and the department has evidence that an activity supporting the
unzoned commercial or industrial area was created primarily or exclusively
to qualify the area as an unzoned commercial or industrial area; or
(10) is accessed, erected, repaired, or maintained
from the right of way.
(b) The department will cancel a permit for a commercial
sign if the sign owner:
(1) fails to cure a violation in accordance with §21.205
of this subchapter, (relating to Curable Commercial Sign Permit Violations);
or
(2) fails to pay an administrative penalty under §21.204
of this subchapter, (relating to Administrative Penalties for Commercial
Signs).
(c) Upon determination that a permit should be canceled,
the department will mail a 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.
(d) A request for an administrative hearing under this
section must be in writing and delivered to the department within
45 days after the date that the notice of cancellation is received.
(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) and the cancellation
is abated until the cancellation is affirmed by order of the commission.
(f) A permit holder may voluntarily cancel a permit
by submitting a request in writing after the sign has been removed.
Subsections (c)-(e) of this section do not apply to a permit voluntarily
canceled under this subsection.
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| Source Note: The provisions of this §21.176 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668; amended to be effective March 14, 2018, 43 TexReg 1446 |
