1. (a) Class X requirements. A qualified manager possessing a Class X permit shall be required to actively supervise the LP Gas related sales and/or service being offered to the public at each separate branch or base of operation of a Class I permit holder which is operated as a relatively independent operation free from the day to day immediate supervision and control of the holder of the Class I permit, or the manager of a non-personal Class I permit holder. A Class X manager shall be considered to be actively supervising if such a manager is employed by the Class I permit holder to be the responsible party for the day to day immediate supervision of a branch or base operation of the Class I permit holder, including training and oversight of employees, and is readily available to address daily operational needs and unforeseen events and emergencies. In no event shall a single Class X manager be retained for more than two (2) separate branches or bases of operation upon the Board's approval of a Class I permit holder's written request to retain a single Class X manager at two (2) locations. The decision to allow a Class I permit holder to retain a single Class X manager for two (2) separate locations is in the sole discretion of the Board. If the Board allows a Class I permit holder to retain a single Class X manager for two locations, that decision is subject to future review by the Board to occur at least once a year, or more frequently as the Board deems necessary in its sole discretion. In determining whether a separate branch or base of operation exists, or whether to allow a Class I permit holder to retain a single Class X manager for two (2) locations, the Board shall consider the following:

   1. (1) The distance of the LP Gas related sales and/or service being provided from the location of the main or central base of operation, or the distance between the two (2) locations for which a Class I permit holder seeks to retain a single Class X manager. In any case where a truck is stationed twenty-five (25) miles or more away from the direct supervision of a Class X managed operation, then the burden of proof is on the Class I permit holder to prove that it is not a separate branch or base of operation and meets all the requirements of the Oklahoma Rules and Regulations.
   2. (2) The type and kind of LP Gas related sales and/or service offered to the public. Sales and/or service to residential customers and public buildings is considered to require more supervision than sales and/or service to industrial, agricultural and motor fuel customers;
   3. (3) Any and all other pertinent information, including but not limited to, information indicating that a separate branch or base of operation exists, and information related to public needs and safety.
2. (b) Exception hearing. If the Board denies a Class I permit holder’s initial request to retain a single Class X manager for two locations, that decision is within the sole discretion of the Board as provided above. A Class I permit holder who does not currently have permission to assign a single Class X manager to two locations may make a written request to the Board, as set forth above, to have a single Class X manager assigned to two locations at any time. The exception hearing provided for by this section is applicable when the Board determines upon annual, or more frequent, review that the Class I permit holder whom the Board previously allowed to retain a single Class X manager for two locations now needs a separate Class X manager at the separate branch or base of operation. After a determination has been made by the Board that a Class I permit holder may not continue to retain a single Class X manager for two (2) locations, the Class I permit holder shall be notified of the Board's determination in writing. The Class I permit holder shall then have fifteen (15) business days thereafter to request in writing a hearing before the Board for the purpose of presenting any facts and circumstances which would indicate that a Class X permit holder is not required where the separate LP Gas related sales and/or service is offered. A hearing will be held at the next Board meeting, or the Board may call a special meeting. Failure to timely request such a hearing from the Board by the Class I permit holder shall constitute acquiescence in the Board's determination. When the Board determines that a Class I permit holder who was previously allowed to retain a single Class X manager for two (2) locations now needs a separate Class X manager at the separate branch or base of operation, the Class I permit holder has 120 days, from the date of Board's written notice of determination or from the date of Board's decision at the exception hearing whichever is applicable, to secure a Class X manager for the affected location. If the affected Class I permit holder continues to operate at the affected location, then the Administration shall proceed with an action for fines, revocation and/or suspension of the affected Class I permit as provided for by OAC 420:10-1-20.
3. (c) Class X cancellations. Class X permits are immediately and without notice canceled when a holder thereof leaves the employment of a Class I permit holder. The Class X permit holder must notify the Board within ninety (90) days of their intent to place the Class X permit on inactive status. The inactive Class X permit holder must pay the annual permit renewal fee required for a Class X permit holder on inactive status of One Hundred and Five Dollars ($105.00). Thereafter, the inactive Class X holder can make application to the Board for issuance of an active Class X permit, upon proof of full-time employment by a Class I permit holder and with Board approval.

Amended at 10 Ok Reg 4081, eff 7-26-93

Amended at 11 Ok Reg 3853, eff 7-11-94

Amended at 14 Ok Reg 3175, eff 7-25-97

Amended at 34 Ok Reg 1758, eff 9-11-17

Amended at 42 Ok Reg, Number 20, effective 7-11-25