(a) The department will revoke a license and will not issue or renew permits or transfer existing permits under the license if:
  (1) the surety bond is not provided within the time specified by the department under §21.152 of this subchapter (relating to License Application) or §21.155 of this subchapter (relating to License Renewals);
  (2) surety bond coverage is terminated under §21.157 of this subchapter (relating to Temporary Suspension of License);
  (3) the total number of final enforcement actions initiated by the department against the license holder under §21.176 of this subchapter (relating to Cancelation of Permit), §21.198 of this subchapter (relating to Order of Removal); §21.204 of this subchapter (relating to Administrative Penalties for Commercial Signs), §21.425 of chapter (relating to Cancelation of Permit), §21.426 of chapter (relating to Administrative Penalties), or §21.440 of chapter (relating to Order of Removal); or Transportation Code, Chapters 391 or 394, 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 holder's sign equal or exceed:
    (A) 10 percent of the number of valid permits held by the license holder if the license holder holds more than 1,000 sign permits;
    (B) 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;
    (C) 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
    (D) 30 percent of the number of valid permits held by the license holder if the license holder holds fewer than 100 sign permits; or
  (4) the license holder has not complied with previous final administrative enforcement actions regarding the license or any permit held under the license.
(b) The department will send notice by certified mail of an action under this section to the address of record provided by the license holder.
(c) The notice will clearly state:
  (1) the reasons for the action;
  (2) the effective date of the action;
  (3) the right of the license holder to request an administrative hearing; and
  (4) the procedure for requesting a hearing including the period in which the request must be made.
(d) A request for an administrative hearing under this section must be made in writing to the department at the address listed on the notice letter within 45 days after the date that the notice is mailed.
(e) If timely requested, an administrative hearing will be conducted in accordance with Chapter 1, Subchapter E of this title (relating to Procedures in Contested Case).
(f) For the purposes of this section, an enforcement action is final if the time for any further review of the action or proceeding related to the action has expired.

Source Note: The provisions of this §21.158 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective March 14, 2018, 43 TexReg 1446