| (a) The department may impose administrative penalties against a person who intentionally violates Transportation Code, Chapter 394 or this subchapter. (b) The amount of the administrative penalty may not exceed the maximum amount of a civil penalty that may be imposed under Transportation Code, §394.081 and will based on the following: (1) $150 for a violation of a permit plate requirement under §21.414 of this subchapter (relating to Sign Permit Plate); (2) $250 for a violation of: (A) a registration requirement of §21.407 of this subchapter (relating to Existing Off-Premise Signs); or (B) erecting the sign at the location other than the location specified on the application, except that if the actual sign location does not conform to all other requirements the department will seek cancellation of the permit; (3) $500 for: (A) maintaining or repairing the sign from the state right of way; or (B) performing customary maintenance on any sign or substantial maintenance on a conforming sign without first obtaining an amended permit; or (4) $1000 for erecting a sign from the right of way. (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) Before initiating an enforcement action under this section, the department will notify the sign owner in writing of a violation of subsection (b)(1) or (2)(B) of this section and will give the sign owner 60 days to correct the violation and provide proof of the correction to the department. (e) Upon determination to seek administrative penalties the department will mail a notice of the administrative penalties to the last known address of the permit holder. The notice must clearly state: (1) the reasons for the administrative penalties; (2) the amount of the administrative penalty; and (3) the right of the holder of the permit to request an administrative hearing. (f) A request for an administrative hearing under this section must be made in writing and delivered to the department within 45 days after the date of the receipt of the notice. (g) If timely requested, an administrative hearing shall be conducted in accordance with Chapter 1, Subchapter E of this title (relating to Procedures in Contested Case), and the imposition of administrative penalties will be abated unless and until that action is affirmed by order of the commission. |
