Section 5: License Suspensions, Revocations, Appeals, and Amendments
Anchor: #i999944Temporary Suspension
In the event the ROW Division is notified by a surety company that a bond is being canceled, the Director of the ROW Division will notify the license holder that either a bond reinstatement or a new bond must be obtained and filed with the Director of ROW Division 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 Director of ROW Division 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: #i999957Permanent Suspension and/or Revocation of License
The ROW Division may suspend the issuance of additional permits or the transfer of existing permits, or revoke a license, if:
- a valid outdoor advertiser's bond is not provided within the time specified;
- 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);
- the license holder violates one or more applicable provisions of the Texas Transportation Code, Chapter 391, or a Commission rule; this can be either a license violation or a sign permit violation.
In the event a license expires without renewal, or is revoked, any permits issued to that licensee also expire.
Anchor: #i999989Notice and Appeal of Permanent Suspension or Permanent Revocation
When actions for permanent suspension or 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:
- reasons for the action;
- the effective date of the action, and
- the right of the license holder to request an Administrative Hearing.
When a license is suspended or revoked, the licensee may request an Administrative Hearing within ten (10) days of receipt of the notice. The request must be made in writing to the Director of the ROW Division. Notice shall be presumed to be received five days after mailing. The recipient of the notice may provide proof that the notice was not received five days after mailing, in which case the Director of ROW Division may extend the time for requesting a hearing.
If requested in a timely manner, an Administrative Hearing shall be granted and will be conducted before the State Office of Administrative Hearings in Austin; 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: #i1000024Amendment 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.