(a) A property owner or its authorized representative, as the applicant, may file a petition of appeal to contest:
  (1) a requirement for a change or repair under §11.54(d) of this subchapter (relating to Inspection);
  (2) the denial of a request for a variance under §11.52(e) of this subchapter (relating to Variance);
  (3) a finding of significant impact and threat to public safety under §11.52(g) of this subchapter (relating to Remodeled business); or
  (4) the denial of a request for a driveway permit under §11.52(b) of this subchapter (relating to Permit requirements).
(b) The petition must be filed with the director before the 31st day after the date written notice of the denial, requirement, or finding is received by the applicant.
(c) The petition must:
  (1) be in writing;
  (2) completely and succinctly state the grounds for appeal and its factual basis; and
  (3) include sufficient factual documentation, such as drawings, surveys, or photographs, to establish the merits of the appeal.
(d) The applicant has the burden of demonstrating that the department incorrectly applied its access connection requirements to the applicable facts.
(e) For a petition that satisfies the requirements of this section, the director will issue, before the 91st day after the date of receipt of the petition, a written decision approving or disapproving the appeal and, on issuance, immediately send the decision to the applicant. If a written decision is not issued within the 90-day period, the appeal is considered to be approved and the request granted, subject to:
  (1) purchase of access rights in accordance with §11.53 of this subchapter (relating to Locations Where the Department Controls the Access) if the applicant has no existing right of access; and
  (2) consent of the Federal Highway Administration in accordance with 23 C.F.R. §710.401 if the requested access connection is on an interstate highway.
(f) To appeal a decision issued under subsection (e) of this section, the applicant must submit its written petition of appeal to the executive director before the 31st day after the date that written notice of the decision is received. The petition must satisfy the requirements of subsection (c) of this section. The executive director will issue, before the 31st day after the date of receipt of the petition, a written decision approving or disapproving the appeal.
(g) To appeal a decision of the executive director issued under subsection (f) of this section, the applicant must submit to the executive director its written petition of appeal to a board of variance, before the 31st day after the date that the executive director's decision under subsection (f) of this section is received. On receipt of the petition, the procedure set out in this subsection applies.
  (1) The executive director will appoint a board of variance composed of at least three persons, each of whom is not below the level of department division director, office director, or district engineer and was not involved in the original decision to deny the applicant's request. A majority of the members of the board constitutes a quorum.
  (2) The board of variance will meet and consider the appeal. Before the 10th day preceding the date of the meeting, the board will give the applicant notice of the time and place of the meeting and afford the applicant an opportunity to attend and present evidence regarding the appeal.
  (3) Before the 11th day after the date of the meeting, the board of variance will issue a final written decision approving or disapproving the appeal.

Source Note: The provisions of this §11.55 adopted to be effective February 18, 2010, 35 TexReg 1297