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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.455License Revocation and Non-Renewal

(a) The department will initiate an enforcement proceeding, as described in this section, to revoke a license holder's license if:

  (1) the license holder does not provide the department with the required surety bond within the time specified in §21.449 of this subchapter (relating to License Application) or §21.452 of this subchapter (relating to License Renewals);

  (2) the license holder's surety bond coverage is terminated under §21.454 of this subchapter (relating to Temporary Suspension of License);

  (3) the number of final enforcement actions of this subchapter, Subchapter I of this chapter (relating to Regulation of Signs Along Interstate and Primary Highways), or Transportation Code, Chapters 391 and 394, committed by the license holder in the aggregate 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 any administrative orders or agreements arising out of and relating to previous enforcement actions initiated against the license holder under this section.

(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 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).


Source Note: The provisions of this §21.455 adopted to be effective April 19, 2012, 37 TexReg 2687

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