Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 21 - RIGHT OF WAY
Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS
Division 1 - SIGNS
Section 21.174 - Cancellation of Permit
Current through Reg. 50, No. 13; March 28, 2025
(a) The department will cancel a permit for a commercial sign if the sign:
(b) The department will cancel a permit for a commercial sign if the sign owner fails to pay an administrative penalty imposed under § 21.191 of this subchapter, (relating to Administrative Penalties for Commercial Signs).
(c) The department will cancel a permit for a commercial sign immediately on the discovery that the department had erroneously issued a permit for a sign that violates Transportation Code, Chapter 391, or this subchapter.
(d) On the determination that a permit should be canceled, the department will send by certified mail the notice of cancellation to the address of the record permit holder. The notice must state:
(e) If after sending a notice of cancellation under subsection (d) of this section the department finds additional reasons for the permit's cancellation, the department may send an amended notice of cancellation that includes those additional reasons.
(f) A permit holder may request an administrative hearing on the cancellation of a permit under this section. The request must be in writing and received by the department not later than the 90th day after the date that the notice of cancellation is sent.
(g) 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) and the cancellation is abated until the cancellation is affirmed by order of the commission.
(h) If the basis for the cancellation of a permit is cured not later than the 90th day after the date on which the permit holder was sent the notice of cancellation, the department will rescind the cancellation and penalties if:
(i) To show that the basis for cancellation has been cured, a permit holder must provide to the department evidence that the sign meets all requirements of this subchapter and that, if required, the license holder has obtained an amended permit for the sign under § 21.170 of this subchapter (relating to Amended Permit) to make changes or to register unauthorized changes.