43 Tex. Admin. Code § 21.189

Current through Reg. 49, No. 42; October 18, 2024
Section 21.189 - Fraudulent Activity
(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).

43 Tex. Admin. Code § 21.189

The provisions of this §21.189 adopted to be effective July 1, 2011, 36 TexReg 2418; amended by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7956, eff. 10/12/2014; 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