| (a) The department may impose administrative penalties
against a person who intentionally violates Transportation Code, Chapter
391 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, §391.035 and will based on the following:
(1) $250 for a violation of:
(A) a registration requirement of §21.162 of this
subchapter (relating to Permit Application for Certain Preexisting
Commercial Signs); or
(B) erecting the sign at a location other than the
location identified by stake or paint, except that if the sign location
as built does not conform to all other requirements the department
will seek cancellation of the permit;
(2) $500 for:
(A) maintaining or repairing the sign from the state
right of way; or
(B) performing customary maintenance on any sign or
substantial changes on a conforming sign without first obtaining an
amended permit as required by §21.191 of this subchapter (relating
to Repair and Maintenance of Commercial Signs); or
(3) $1,000 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) 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.
(e) 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.
(f) 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.
(g) An imposed penalty that is not paid within 60 days
of the later of the date of receipt of notice from the department
or if an administrative hearing is conducted, the date that the imposition
is confirmed, will result in the cancelation of the sign's permit
as described in §21.176 of this subchapter (relating to Cancellation
of Permit).
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