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RULE §14.2019Certification Requirements

(a) This section applies to all licensees and their employees who perform LNG activities, and to any ultimate consumer who has purchased, leased, or obtained other rights in any vessel defined by this chapter as an LNG transport, including any employee of such ultimate consumer if that employee drives or in any way operates such an LNG transport. Only paragraph (2) of this subsection applies to an employee of a state agency or institution, county, municipality, school district, or other governmental subdivision. Driving a motor vehicle powered by LNG or fueling of motor vehicles for an ultimate consumer by the ultimate consumer or its employees do not in themselves constitute LNG activities.

  (1) No individual may work or be employed in any capacity which requires contact with LNG or LNG systems until that individual has submitted to and passed an examination measuring the competence of that individual to perform the LNG activities anticipated and the individual's working knowledge of the Texas Natural Resources Code and the rules in this chapter related to the type of LNG work anticipated. Table 1 of this section specifies which requirements, indicated with an asterisk, apply to each category of license.

  (2) Each individual who performs LNG activities as an employee of an ultimate consumer or a state agency, county, municipality, school district, or other governmental subdivision shall be properly supervised by his or her employer. Any such individual who is not certified by AFRED to perform such LNG activities shall be properly trained by a competent person in the safe performance of such LNG activities.

  (3) An individual wishing to submit to examination shall file LNG Form 2016 along with the appropriate fee listed in subsection (c) of this section with AFRED.

Attached Graphic

  (4) An individual who has filed LNG Form 2016 and the applicable nonrefundable examination fee may take the rules examination at the Commission's AFRED Training Center, 6506 Bolm Road, Austin, Texas, between the hours of 8:00 a.m. and 12:00 noon, Monday through Friday, except for state holidays, and at other designated times and locations around the state. Tuesdays and Thursdays are the preferred days for examinations at the AFRED Training Center. Dates and locations of available Commission LNG examinations may be obtained in the Austin offices of AFRED and on the Commission's web site, and shall be updated at least monthly. Examinations shall be conducted in Austin and in other locations around the state. Individuals or companies may request in writing that examinations be given in their area. AFRED shall schedule its examinations and locations at its discretion.

  (5) Within 15 days of the date an individual takes an examination, AFRED shall notify the individual of the results of the examination. The individual shall pass the rules examination with a score of at least 75%.

    (A) If the examination is graded or reviewed by a testing service, AFRED shall notify the individual of the examination results within 14 days of the date AFRED receives the results from the testing service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, AFRED shall notify the individual of the reason for the delay before the 90th day. AFRED may require a testing service to notify an individual of the individual's examination results.

    (B) Successful completion of any required examination shall be credited to the individual. An individual who has been issued a certification card shall make the card readily available and shall present the card to any Commission employee or agent who requests proof of certification.

    (C) Any individual who fails an examination shall be immediately disqualified from performing any LNG activities covered by that examination. If requested by an individual who failed the examination, AFRED shall furnish the individual with an analysis of the individual's performance on the examination. Any individual who fails an examination administered by AFRED at the Austin location only may retake the same examination one additional time during a business day. Any subsequent examination shall be taken on another business day, unless approved by the AFRED director.

  (6) Time limits.

    (A) Effective June 1, 2008, an applicant shall complete the employee-level LNG Delivery Truck Driver examination and the management-level Category 35 Retail and Wholesale Dealers examination within three hours and shall complete all other examinations within two hours.

    (B) The examination proctor shall be the official timekeeper.

    (C) An examinee shall submit the examination and the answer sheet to the examination proctor before or at the end of the established time limit for an examination.

    (D) The examination proctor shall mark any answer sheet that was not completed within the time limit.

(b) A licensee or ultimate consumer other than a political subdivision may employ an individual as a trainee for a period not to exceed 45 calendar days without that individual having successfully completed the rules examination, subject to the following conditions:

  (1) The trainee shall be directly and individually supervised at all times by an individual who has successfully completed the rules examination for those areas of work being performed by the trainee.

  (2) The licensee or ultimate consumer other than a political subdivision shall ensure that LNG Form 2016 is on file with AFRED for each trainee at the time the trainee begins supervised LNG activities. The trainee shall then have 45 calendar days to pass the applicable rules examination.

  (3) A trainee who fails the rules examination shall cease to perform any LNG activities covered by the examination failed.

  (4) A trainee who has been in training for a total of 45 days in any combination and with any number of employers shall cease to perform any LNG activities for which the trainee is not currently certified.

  (5) Once a trainee has taken the rules examination, the training period shall cease and the individual shall perform no LNG activities which require certification until the individual is notified by AFRED that the individual passed the examination.

(c) The applicant shall pay to AFRED a $70 examination fee for each management-level examination and a $40 fee for each employee-level examination in advance of each required examination. Examination fees are nonrefundable. An applicant who fails an examination shall pay the full examination fee for each subsequent examination.

(d) AFRED shall notify licensees of any employees' pending renewals, or shall notify the individual if not employed by a licensee, in writing, at the address on file with AFRED no later than March 15 of a year for the May 31 renewal date of that year. To maintain active status, a certificate holder shall pay the $25 annual renewal fee to AFRED on or before May 31 of each year. Individuals who hold more than one certificate shall pay only one annual renewal fee.

  (1) Failure to pay the annual renewal fee by the renewal deadline shall result in a lapse of certification unless the late filing fee in paragraph (2) of this subsection is paid. If an individual's certification has been expired for one year or longer, that individual shall comply with the requirements of subsection (a) of this section. If an individual's certification lapses or expires, that individual shall immediately cease performance of any LNG activities that require certification. An individual may regain certified status only by successfully completing the examination required for the certification and meeting the requirements of paragraph (2) of this section.

  (2) Any lapsed or expired renewals submitted after May 31 of each year shall include a $20 late-filing fee in addition to the renewal fee and proof of successful completion of the examination required for the certification no later than close of business on August 31 or, if August 31 falls on a weekend or state holiday, close of business on the last business day before August 31. Upon receipt of the renewal fee, late-filing penalty, and proof of successful completion of the examination required for the certification, AFRED shall verify that the individual's certification has not been suspended, revoked, or expired for one year or longer. After verification, AFRED shall renew the certification and the individual may resume LNG activities.

(e) Expired certifications. Any renewal submitted after the August 31 deadline shall be considered expired. If an individual wishes to renew a certification that has been expired for less than one year, that individual shall submit the annual renewal fee and late filing fee, and proof of successful completion of the examination required for certification. Upon verification that the individual's certificate has not been suspended, revoked, or expired for one year or longer, AFRED shall renew the individual's certification and the individual may resume LNG activities.

(f) A military service member, military veteran, or military spouse shall be exempt from the examination fee specified in subsection (c) of this section pursuant to the requirements in §14.2014 of this title (relating to Military Fee Exemption). An individual who receives a military fee exemption is not exempt from renewal fees specified in subsection (d) of this section.

Source Note: The provisions of this §14.2019 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective October 29, 2007, 32 TexReg 7677; amended to be effective February 1, 2008, 33 TexReg 142; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective January 4, 2016, 41 TexReg 239

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