(a) If a commercial sign permit is denied, the applicant may file a request for an appeal with the executive director through the Right of Way Division.
(b) The request for appeal must be written and sent:
  (1) electronically at ROW_outdooradvertising@txdot.gov; or
  (2) by mail to: P.O. Box 5075, Austin, Texas 78704-5075, attention "Highway Beautification Section."
(c) The request must
  (1) contain a statement of why the denial is believed to be in error;
  (2) provide evidence that supports the issuance of the permit, such as documents, drawings, surveys, or photographs; and
  (3) be received within 45 days after the date the denial notice was received.
(d) The executive director or the executive director's designee who is not below the level of assistant executive director, will make a final determination on the appeal within 60 days after the date that the executive director receives the request for appeal. If the final determination is that the permit is denied, the executive director or the executive director's designee will send the final determination to the applicant stating the reason for denial. If the determination is that the application be approved, the department will issue the permit in accordance with §21.164 of this subchapter (relating to Decision on Application).

Source Note: The provisions of this §21.170 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective March 14, 2018, 43 TexReg 1446