|(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
(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.
(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
(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
(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
(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
(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