(a) If a sign permit is denied, the applicant may file a request with the executive director for an appeal.
(b) The request for appeal must:
  (1) be in writing;
  (2) contain:
    (A) a copy of the denied permit application;
    (B) a statement of why the denial is believed to be in error; and
    (C) evidence that supports the issuance of the application, such as drawings, surveys, or photographs; and
  (3) be received within 45 days after the date the denial notice was received.
(c) The executive director or the executive director's designee, who may not be 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 final determination is that the application be approved, the department will issue the permit in accordance with §21.413 of this subchapter (relating to Decision on Application).
(d) If the executive director or the designee is unable to make a final determination on the appeal within the 60-day period under subsection (c) of this section, the department will notify the applicant by mail of the delay and provide an estimated time in which a final determination will be made.

Source Note: The provisions of this §21.418 adopted to be effective July 1, 2011, 36 TexReg 2418