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RULE §13.72Designation and Responsibilities of Company Representatives and Operations Supervisors

(a) Each licensee shall have at least one company representative for the license and at least one operations supervisor for each outlet.

  (1) A licensee maintaining one or more outlets shall file CNG Form 1001 with AFS listing the physical location of the first outlet and designating the company representative for the license and file CNG Form 1001A designating the physical location and operations supervisor for each additional outlet.

  (2) A licensee may have more than one company representative.

  (3) An individual may be an operations supervisor at more than one outlet provided that:

    (A) each outlet has a designated CNG certified employee responsible for the CNG activities at that outlet;

    (B) the certified employee's and/or operations supervisor's telephone number is posted at the outlet on a sign with lettering at least 3/4 inches high, visible and legible during normal business hours; and

    (C) the certified employee and/or operations supervisor monitors the telephone number and responds to calls during normal business hours.

  (4) The company representative may also serve as operations supervisor for one or more of the licensee's outlets provided that the person meets both the company representative and operations supervisor requirements in this section.

  (5) A licensee shall immediately notify AFS in writing upon conclusion of employment, for whatever reason, of its company representative or any operations supervisor and shall at the same time designate a replacement.

  (6) A licensee shall cease all CNG activities if it no longer employees a qualified company representative who complies with the Commission's requirements. A licensee shall not resume CNG activities until such time as it has a properly qualified company representative.

  (7) A licensee shall cease CNG activities at an outlet if it no longer employs a qualified operations supervisor at that outlet who complies with the Commission's requirements. A licensee shall not resume CNG activities at that outlet until such time as it has a properly qualified operations supervisor.

(b) A company representative shall:

  (1) be an owner or employee of the licensed entity;

  (2) be the licensee's principal individual in authority and be responsible for actively supervising all CNG activities conducted by the licensee, including all equipment, container, product, and system activities;

  (3) have a working knowledge of the licensee's CNG activities to ensure compliance with the rules in this chapter and the Commission's administrative requirements;

  (4) pass the appropriate management‑level rules examination;

  (5) be directly responsible for all employees performing their assigned CNG activities, unless an operations supervisor is fulfilling this requirement; and

  (6) submit any additional information as deemed necessary by AFS.

(c) In addition to NFPA 52 §§1.4.3 and 4.2, an operations supervisor shall:

  (1) be an owner or employee of the licensee;

  (2) pass the applicable management‑level rules examination; and

  (3) be directly responsible for actively supervising the CNG activities of the licensee at the designated outlet.

Source Note: The provisions of this §13.72 adopted to be effective June 13, 1995, 20 TexReg 3984; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035

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