| (5) If a person's license or manufacturer registration
expires, that person shall immediately cease performance of any LP-gas
activities authorized by the license or registration.
(6) If a person's license or manufacturer registration
has been expired for 90 calendar days or fewer, the person shall submit
a renewal fee that is equal to 1 1/2 times the renewal fee in §9.6
of this title (relating to License Categories, Container Manufacturer
Registration, and Fees).
(7) If a person's license or manufacturer registration
has been expired for more than 90 calendar days but less than one
year, the person shall submit a renewal fee that is equal to two times
the renewal fee.
(8) If a person's license or manufacturer registration
has been expired for one year or more, that person shall not renew
but shall comply with the requirements for issuance of an original
license or manufacturer registration under subsection (f) or (h) of
this section.
(9) After verification that the licensee or registered
manufacturer has met all requirements for licensing or manufacturer
registration, AFS shall renew the license or registration and send
the applicable authorization to the licensee or manufacturer.
(l) A person who was licensed in this state, moved
to another state, and is currently licensed and has been in practice
in the other state for the two years preceding the date of application
may obtain a new license without reexamination. The person shall pay
to AFS a fee that is equal to two times the renewal fee required by §9.6
of this title.
(1) As a prerequisite to licensing pursuant to this
provision, the person shall submit, in addition to an application
for licensing, proof of having been in practice and licensed in good
standing in another state continuously for the two years immediately
preceding the filing of the application;
(2) A person licensed under this provision shall be
required to comply with all requirements of licensing other than the
examination requirement, including but not limited to the insurance
requirements as specified in §9.26 of this title and the continuing
education and training requirements as specified in §9.51 of
this title (relating to General Requirements for LP-Gas Training and
Continuing Education), and §9.52 of this title (relating to Training
and Continuing Education).
(m) Applicants for license or license renewal in the
following categories shall comply with these additional requirements:
(1) An applicant for a Category B or O license or renewal
shall file with AFS a properly completed LPG Form 505 certifying that
the applicant will follow the testing procedures indicated. The company
representative designated on the licensee's LPG Form 1 shall sign
LPG Form 505.
(2) An applicant for Category A, A2, B, or O license
or renewal who tests tanks, subframes LP-gas cargo tanks, or performs
other activities requiring DOT registration shall file with AFS a
copy of any applicable current DOT registrations. Such registration
shall comply with Title 49, Code of Federal Regulations, Part 107
(Hazardous Materials Program Procedures), Subpart F (Registration
of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers
and Cargo Tank Motor Vehicle Assemblers).
(3) An applicant for Category A, A1 or O license or
renewal who repairs or tests ASME containers shall file with AFS a
copy of its current ASME Code, Section VIII certificate of authorization
or "R" certificate. If ASME is unable to issue a renewed certificate
of authorization prior to the expiration date, the manufacturer may
request in writing an extension of time not to exceed 60 calendar
days past the expiration date. The request for extension shall be
received by AFS prior to the expiration date of the ASME certificate
of authorization referred to in this section, and shall include a
letter or statement from ASME that the agency is unable to issue the
renewal certificate of authorization prior to expiration and that
a temporary extension will be granted for its purposes. A registered
manufacturer shall not continue to operate after the expiration date
of an ASME certificate of authorization until the manufacturer files
a current ASME certificate of authorization with AFS or AFS grants
a temporary exception.
|
| Source Note: The provisions of this §9.7 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 12, 2007, 32 TexReg 519; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |
