Section 105IAC7-3-8. Subsequent failure to comply with rule

   (a) A sign structure issued a permit under this rule may have such permit revoked if the department determines the following:

(1) The sign structure is no longer in compliance with:

(A) The size and configuration restrictions in section 9 of this rule.

(B) The sign structure spacing criteria in section 10 of this rule.

(C) The sign lighting criteria in section 11 of this rule.

(D) The miscellaneous sign criteria in section 12 of this rule.

(2) If permit revocation under subsection (a) [sic., this subsection] is appropriate, the department shall issue a written order clearly explaining the rationale to the permit holder. The permit holder shall be allowed thirty (30) days to remedy the noncompliance or appeal the determination under IC 4-21.5.

If the determination under this subsection is not appealed or remedied within the thirty (30) days allowed, the permit shall be revoked.

  (b) A sign structure issued a permit under this rule may have such permit modified to a conditional permit if the department determines that changed circumstances would preclude the issuance of a permit under section 6 of this rule. Notice shall be given as provided in subsection (a). If the permit is modified to a conditional permit, the requirements of section 7 of this rule apply. (Indiana Department of Transportation; 105 IAC 7-3-8; filed Apr 28, 1994, 9:30 a.m.: 17 IR 2044; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA)