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RULE §14.2052Application for an Exception to a Safety Rule

(a) Any person may apply for an exception to the provisions of this chapter by filing LNG Form 2025 along with supporting documentation and a $50 filing fee, with LP-Gas Operations.

(b) The application shall contain the following:

  (1) the section number of any applicable rules for which the exception is being requested;

  (2) the type of relief desired, including the exception requested and information which may assist LP-Gas Operations in comprehending the requested exception;

  (3) a concise statement of facts which support the applicant's request for the exception, such as the reason for the exception, the safety aspects of the exception, and the social or economic impact of the exception;

  (4) for stationary installations, regardless of size, a description of the acreage and/or address upon which the subject of the exception will be located. The description shall be in writing and shall include:

    (A) a site drawing;

    (B) sufficient identification of the site so that determination of property boundaries can be made;

    (C) a plat from the applicable appraisal district indicating the ownership of the land; and

    (D) the legal authority under which the applicant, if not the owner, is permitted occupancy.

  (5) the name, business address, and telephone number of the applicant and of the authorized agent, if any;

  (6) an original signature in ink by the applicant filing the application or by the applicant's authorized representative; and

  (7) a list of the names and addresses of all interested entities as defined in subsection (d) of this section.

(c) Notice of the application for an exception to a safety rule shall include the following items and procedures:

  (1) The applicant shall send a copy of LNG Form 2025 by certified mail, return receipt requested, to all affected entities on the same date on which the form is filed with or sent to LP-Gas Operations. The applicant shall include a notice to the affected entities that any objection shall be filed with LP-Gas Operations within 18 calendar days of the postmark. The applicant shall file all return receipts with LP-Gas Operations as proof of notice.

  (2) If an exception is requested for a stationary site, the affected entities to whom the applicant shall give notice shall include but not be limited to:

    (A) persons and businesses owning or occupying property adjacent to the site;

    (B) the city council or fire marshal, if the site is within municipal limits; and

    (C) the county Commission, if the site is not within any municipal limits.

  (3) If an exception is requested for a non-stationary installation, affected entities to whom the applicant shall give notice shall include but not be limited to:

    (A) the Texas Department of Public Safety; and

    (B) all processed gas loading and unloading facilities used by the applicant.

  (4) LP-Gas Operations may require an applicant to give notice to persons in addition to those listed in paragraphs (2) and (3) of this subsection if doing so will not prejudice the rights of any entity.

(d) Objections to the requested exception shall be in writing, filed at LP-Gas Operations within 18 calendar days of the postmark of the application, and shall be based on facts that tend to demonstrate that, as proposed, the exception would have an adverse effect on public health, safety, or welfare. LP-Gas Operations may decline to consider objections based solely on claims of diminished property or esthetic values in the area.

(e) LP-Gas Operations shall review the application within 21 business days of receipt of the application. If LP-Gas Operations does not receive any objections from any affected entities as defined in subsection (c) of this section, the LP-Gas Operations director may grant administratively the exception if the LP-Gas Operations director determines that the installation, as proposed, does not adversely affect the health or safety of the public. LP-Gas Operations shall notify the applicant in writing by the end of the 21-day review period and, if approved, the installation shall be installed within one year from the date of approval. LP-Gas Operations shall also advise the applicant at the end of the objection period as to whether any objections were received and whether the applicant may proceed. If the LP-Gas Operations director denies the exception, LP-Gas Operations shall notify applicant, in writing, of the reasons and any specific deficiencies. The applicant may modify the application to correct the deficiencies and resubmit the application along with a $30 resubmission fee, or may request a hearing on the matter in accordance with Chapter 1 of this title (relating to Practice and Procedure). To be granted a hearing, the applicant shall file a written request for hearing within 14 calendar days of receiving notice of the administrative denial.

(f) A hearing shall be held when LP-Gas Operations receives an objection, as set out in subsection (d) of this section from any affected entity or when the applicant requests one following an administrative denial. LP-Gas Operations shall mail the notice of hearing to the applicant and all objecting entities by certified mail, return receipt requested, at least 21 calendar days prior to the date of the hearing. Hearings will be held in accordance with the Texas Government Code, Chapter 2001, et seq., Chapter 1 of this title, and the rules in this chapter.

(g) Applicants intentionally submitting incorrect or misleading information are subject to penalties as set out in Texas Natural Resources Code, §§91.143, and the filing of incorrect or misleading information shall be grounds for the Commission to dismiss an application with prejudice.

(h) After hearing, the Commission may grant exceptions to this chapter if the Commission finds that granting the exception will not adversely affect the safety of the public.

(i) For good cause shown, LP-Gas Operations may grant a temporary exception of 30 days or less to the examination requirements for company representatives and operations supervisors. Good cause includes but is not limited to death of a sole proprietor or partner. Applicants for temporary exceptions shall comply with applicable safety requirements and LP-Gas Operations shall obtain information showing that the exception will not be hazardous to the public.

(j) A request for an exception shall expire if it is inactive for three months after the date of the letter in which the applicant was notified by LP-Gas Operations of an incomplete request.

Source Note: The provisions of this §14.2052 adopted to be effective May 26, 2003, 28 TexReg 4100; amended to be effective June 5, 2006, 31 TexReg 4607; amended to be effective December 24, 2012, 37 TexReg 9921

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