| (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 LNG Form 2001 with AFS listing the physical location of the first
outlet and designating the company representative for the license
and file LNG Form 2001A 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 LNG certified employee
responsible for the LNG 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.
(A) A licensee shall cease all LNG activities if it
no longer employees a qualified company representative who complies
with the Commission's requirements. A licensee shall not resume LNG
activities until such time as it has a properly qualified company
representative.
(B) A licensee shall cease LNG 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 LNG 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 LNG activities conducted
by the licensee, including all equipment, container, product, and
system activities;
(3) have a working knowledge of the licensee's LNG
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 LNG 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 LNG activities of the licensee at the designated outlet.
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| Source Note: The provisions of this §14.2025 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective December 24, 2012, 37 TexReg 9921; amended to be effective February 15, 2021, 46 TexReg 1044 |
