(a) The department may impose administrative penalties against a person who intentionally violates Transportation Code, Chapter 391 or this subchapter.
(b) The amount of the administrative penalty may not exceed the maximum amount of a civil penalty that may be imposed under Transportation Code, §391.035 and will based on the following:
  (1) $250 for a violation of:
    (A) a registration requirement of §21.162 of this subchapter (relating to Permit Application for Certain Preexisting Commercial Signs); or
    (B) erecting the sign at a location other than the location identified by stake or paint, except that if the sign location as built does not conform to all other requirements the department will seek cancellation of the permit;
  (2) $500 for:
    (A) maintaining or repairing the sign from the state right of way; or
    (B) performing customary maintenance on any sign or substantial changes on a conforming sign without first obtaining an amended permit as required by §21.191 of this subchapter (relating to Repair and Maintenance of Commercial Signs); or
  (3) $1,000 for erecting a sign from the right of way.
(c) In addition to the penalties assessed under subsection (b) of this section, the department may seek to recover the cost of repairing any damage to the right of way done by the sign owner or on the sign owner's behalf.
(d) Upon determination to seek administrative penalties the department will mail a notice of the administrative penalties to the last known address of the permit holder. The notice must clearly state:
  (1) the reasons for the administrative penalties;
  (2) the amount of the administrative penalty; and
  (3) the right of the holder of the permit to request an administrative hearing.
(e) A request for an administrative hearing under this section must be made in writing and delivered to the department within 45 days after the date of the receipt of the notice.
(f) If timely requested, an administrative hearing shall be conducted in accordance with Chapter 1, Subchapter E of this title (relating to Procedures in Contested Case), and the imposition of administrative penalties will be abated unless and until that action is affirmed by order of the commission.
(g) An imposed penalty that is not paid within 60 days of the later of the date of receipt of notice from the department or if an administrative hearing is conducted, the date that the imposition is confirmed, will result in the cancelation of the sign's permit as described in §21.176 of this subchapter (relating to Cancellation of Permit).

Source Note: The provisions of this §21.204 adopted to be effective April 19, 2012, 37 TexReg 2687; amended to be effective March 14, 2018, 43 TexReg 1446