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(a)If the department believes that a person has performed
an act involving fraud to obtain or amend a permit, to obtain or renew
a license, or to cure a violation under this subchapter, the department
will request an investigation by the department's Compliance Division
for a determination.
(b)If the investigation under subsection (a) of this
section results in a finding of fraud, the department will, as appropriate:
(1)immediately cancel the permit;
(2)immediately cancel any approved changes to a sign
resulting from an amended permit application;
(3)resume any enforcement actions related to the permit
or sign; or
(4)immediately revoke the license under §21.152
of this subchapter (relating to License Revocation).
(c)In addition to an action under subsection (b) of
this section and any other penalties assessed under this subchapter,
the department will impose an administrative penalty under Transportation
Code, §391.0355, in the amount of $1,000 on a person that the
investigation under subsection (b) of this section finds submitted
a fraudulent document to the department. The penalty imposition will
be added to any ongoing contested case involving the fraud claim or
if there is not a contested case, the department will impose the administrative
penalties under the procedure set out in §21.191(d)-(f) of this
subchapter (relating to Administrative Penalties for Commercial Signs).
The agency certifies that legal counsel has reviewed
the proposal and
found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on March 28, 2024
TRD-202401314 Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Earliest possible date of adoption: May 12, 2024
For further information, please call: (512) 463-8630
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