| (a) The department will impose administrative penalties,
as authorized under Transportation Code, §391.0355, against a
person who violates Transportation Code, Chapter 391 or this subchapter.
Penalties accrue beginning on the day that the notice of administrative
penalty is sent to a person.
(b) The amount of the administrative penalty may not
exceed $1,000 for each violation. A separate penalty may be assessed
for each day a continuing violation occurs.
(c) In addition to the penalties assessed under subsection
(b) of this section, the department may seek to recover the cost of
repairing any damage to the right of way done by the sign owner or
on the sign owner's behalf.
(d) On the determination to seek administrative penalties,
the department will mail a notice of the administrative penalties
to the last known address of the person. The notice will clearly state:
(1) the reasons for the administrative penalty;
(2) the amount of the administrative penalty; and
(3) the right of the holder of the permit to request
an administrative hearing.
(e) A request for an administrative hearing under this
section must be made in writing and received by the department not
later than the 90th day after the date the notice of administrative
penalties is sent.
(f) 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).
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