Section 21.426 - Administrative Penalties(a) The department may impose administrative penalties against a person who violates Transportation Code, Chapter 394 or this subchapter.(b) The amount of the administrative penalty may not exceed the maximum amount of a civil penalty that may be assessed under Transportation Code, §394.081.(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) Before initiating an enforcement action under this section, the department will notify the sign owner in writing of a violation of subsection (b)(1) or (2)(B) of this section and will give the sign owner 90 days to correct the violation and provide proof of the correction to the department.(e) Upon determination to seek administrative penalties the department will mail a notice of the administrative penalties to the last known address of the permit holder. The notice must clearly state: (1) the reasons for the administrative penalties;(2) the amount of the administrative penalty; and(3) the right of the holder of the permit to request an administrative hearing.(f) 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.(g) If timely requested, an administrative hearing shall be conducted in accordance with Chapter 1, Subchapter E of this title (relating to Procedures in Contested Case), and the imposition of administrative penalties will be abated unless and until that action is affirmed by order of the commission.43 Tex. Admin. Code § 21.426
The provisions of this §21.426 adopted to be effective July 1, 2011, 36 TexReg 2418; Amended by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6279, eff. 9/1/2024