Section 3.172 - Forfeiture of Parking Privilege(a) A state employee parking permit may be forfeited for any of the following reasons: (1) failure to pay one or more parking citation(s) issued by the Texas Department of Public Safety;(2) nonpayment of assessed parking fees;(3) falsifying data on an application for a parking permit;(4) subleasing a parking assignment;(5) display or use of a permit or decal which has been altered, or which has been defaced to the extent that information contained on it is illegible;(6) displaying a handicap permit issued to another person;(7) allowing a parking permit to be used by someone other than the person it is issued to;(8) the use of a parking permit for any other purpose than state employment; or(9) noncompliance with the parking regulations established by the parking administration.(b) The forfeiture periods. (1) The forfeiture period for an individual's first violation of administrative rules listed in subsection (a) of this section shall be 90 days.(2) The forfeiture period for an individual's second violation of administrative rules listed in subsection (a) of this section shall be 180 days.(3) The forfeiture period for an individual's third and/or subsequent violation(s) of administrative rules listed in subsection (a) of this section shall be for a period of one year.(c) Upon receipt of information which constitutes prima facie justification for forfeiting of a parking privilege, the parking administration shall send the employee a letter that contains the following: (1) statement of grounds for the forfeiture;(2) statement that the forfeiture will be effective at 5 p.m. on the tenth day following the date of the letter;(3) statement that the employee's vehicle shall be subject to removal and impoundment if found parked in the Capitol Complex after the forfeiture is effective; and(4) instructions on how and when to file an appeal.(d) An appeal must comply with the following: (1) a written response must be filed with the parking administration no later than the fifth day following the date of the letter giving notice of forfeiture; and(2) must contain specific reasons why the individual's parking privilege should not be forfeited.(e) A decision on the appeal shall be made by the Parking Appeals Council as defined in subsection (j) of this section.(f) The Parking Appeals Council may uphold the forfeiture, cancel the forfeiture, or reduce the length of time the forfeiture will be in effect.(g) In any event, the parking privilege may not be renewed until payment of any outstanding parking fines or fees have been paid.(h) The employee will be notified in writing of the decision of the Parking Appeals Council.(i) The decision of the Parking Council will be final.(j) Appointment of members of the Parking Appeals Council. (1) The Parking Appeals Council will be comprised of three members appointed by the department.(2) One member will be appointed from the staff of the department and two members will be appointed from the parking coordinators from other state agencies.(3) The initial appointment will be as follows. (A) One member will be appointed for three months.(B) One member will be appointed for six months.(C) One member will be appointed for nine months.(4) Each future appointment will be for a six-month period.37 Tex. Admin. Code § 3.172
The provisions of this §3.172 adopted to be effective March 9, 2004, 29 TexReg 2374