43 Tex. Admin. Code § 21.191

Current through Reg. 49, No. 42; October 18, 2024
Section 21.191 - Administrative Penalties for Commercial Signs
(a) The department will impose administrative penalties, as authorized under Transportation Code, §391.0355, against a person who violates Transportation Code, Chapter 391 or this subchapter. Penalties accrue beginning on the day that the notice of administrative penalty is sent to a person.
(b) The amount of the administrative penalty may not exceed $1,000 for each violation. A separate penalty may be assessed for each day a continuing violation occurs.
(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) On the determination to seek administrative penalties, the department will mail a notice of the administrative penalties to the last known address of the person. The notice will clearly state:
(1) the reasons for the administrative penalty;
(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 received by the department not later than the 90th day after the date the notice of administrative penalties is sent.
(f) 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).

43 Tex. Admin. Code § 21.191

The provisions of this §21.191 adopted to be effective July 1, 2011, 36 TexReg 2418; 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