|(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
(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