Section 21.174 - Cancellation of Permit(a) The department will cancel a permit for a commercial sign if the sign: (1) is not maintained in compliance with this subchapter or Transportation Code, Chapter 391;(2) is destroyed, as determined under § 21.185 of this subchapter (relating to Damage to or Destruction of a Commercial Sign);(3) is abandoned, as determined under § 21.175 of this subchapter (relating to Abandonment of Sign);(4) is erected, maintained, or substantially changed in violation of this subchapter, including under § 21.164 of this subchapter (relating to Erection and Maintenance of Commercial Sign from Private Property), § 21.170 of this subchapter (relating to Amended Permit), or § 21.188 of this subchapter (relating to Destruction of Vegetation and Access from Right of Way Prohibited), or in violation of Transportation Code, Chapter 391;(5) is erected by an applicant who provides false or misleading information in the permit application;(6) is located in an unzoned commercial or industrial area in which the activity supporting the area's recognition as an unzoned commercial or industrial area was created primarily or exclusively to qualify the area as an unzoned commercial or industrial area; or(7) is located in violation of § 21.177 of this subchapter (relating to Prohibited Sign Locations).(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: (1) the reason for the cancellation;(2) the effective date of the cancellation;(3) the right of the permit holder to request an administrative hearing on the cancellation; and(4) the procedure for requesting a hearing and the period for filing the request.(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: (1) the permit is for a conforming sign; or(2) the permit is for a nonconforming sign that was cancelled under § 21.164(b) of this subchapter (relating to Erection and Maintenance of Commercial Sign from Private Property) or under § 21.175(a)(1) of this subchapter (relating to Abandonment of Sign).(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.43 Tex. Admin. Code § 21.174
The provisions of this §21.174 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective June 19, 2014, 39 TexReg 4668; Amended by Texas Register, Volume 43, Number 10, March 9, 2018, TexReg 1456, eff. 3/14/2018; Adopted by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6265, eff. 9/1/2024