Section 5: License Suspensions, Revocations, Appeals, and AmendmentsAnchor: #i999944
In the event the ROW Division is notified by a surety company that a bond is being canceled, the department will notify the license holder that either a bond reinstatement or a new bond must be obtained and filed with the department within 30 days of receipt of the notice, or prior to the bond cancellation date, whichever occurs later. Notice shall be presumed to be received five days after mailing. If no bond coverage is provided prior to the bond cancellation date, the department will issue a temporary suspension of the license for a specified time period, during which time no new sign permits can be issued and no existing sign permits can be transferred. If no bond coverage is provided prior to the end of the suspension period, the Outdoor Advertising License will be revoked.Anchor: #i999957
Permanent Revocation of License
The department will revoke a license and will not issue or renew permits or transfer existing permits if:
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- a valid outdoor advertiser's bond is not provided within the time specified or if the surety bond coverage is terminated; Anchor: #HUUODQAL
- a corporate or business license holder ceases to be active with the Office of the Texas Secretary of State. (Banks must be authorized through the Office of the Comptroller of the Currency or the Texas Banking Department); Anchor: #EXUXLLDB
- the total number of final enforcement
actions initiated by the department that result in the cancellation
of the license holder's sign permit, payment of an amended penalty
by the license holder, or the removal of the license holders sign, equal
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- 10 percent of the number of valid permits held by the license holder if the license holder holds more than 1,000 sign permits; Anchor: #FBQBNUYO
- 20 percent of the number of valid permits held by the license holder if the license holder holds at least 500 but fewer than 1,000 sign permits; Anchor: #GKEOMYFL
- 25 percent of the number of valid permits held by the license holder if the license holder holds at least 100 but fewer than 500 sign permits; or Anchor: #GLUDJXHU
- 30 percent of the number of valid permits held by the license holder if the license holder holds fewer than 100 sign permits;
- the license holder has not complied with previous final administrative enforcement actions regarding the license or any permit held under the license.
In the event a license expires without renewal, or is revoked, any permits issued to that licensee also expire.Anchor: #i999989
Notice and Appeal of Permanent Revocation
When actions for permanent revocation are taken, notice will be sent by certified mail to the address of record provided by the license holder. The notice will clearly state the:
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- reasons for the action; Anchor: #GPSBNVWD
- the effective date of the action, and Anchor: #KQJELDOM
- the right of the license holder to request an Administrative Hearing.
When a license is revoked, the licensee may request an Administrative Hearing within forty-five (45) days after the date that the notice is mailed. The department must receive the request in writing.
If requested in a timely manner, an Administrative Hearing shall be granted and will be conducted in accordance with Title 43, Chapter 1, Subchapter E relating to Procedures in Contested Case. The final decision will be made by the Texas Transportation Commission. If a lawsuit is filed to challenge that decision, it must be filed in the District Court in Travis County, Texas.Anchor: #i1000024
Amendment of Outdoor Advertising License
An Outdoor Advertising License is not transferable. However, it may be amended using Form ROW-OA-24, Application for Amendment of Outdoor Advertising License. Documentation as to the name change must be provided. In the case of a corporate name change, the legal representatives of the ROW Division will make a determination as to whether a license may be amended, or a new license will be required. A license may also be amended to reflect a change in county coverage.