1. (a) Examination general provisions.

   1. (1) No individual may work or be employed in any capacity which requires contact with CNG or CNG systems until that individual has submitted to and successfully completed a Commission examination which measures the competency of that individual to perform the CNG related activities anticipated, and tests working knowledge of the Texas Natural Resources Code and the regulations for compressed natural gas related to the type of CNG work anticipated. Table 1 of this section sets forth specific requirements for examination for each category of license. This section applies to all licensees and their employees who perform CNG related activities, and also applies to any ultimate consumer who has purchased, leased, or obtained other rights in any vessel defined as a CNG transport by this chapter and any employee of such ultimate consumer if that employee drives or in any way operates such a CNG transport. Driving a motor vehicle powered by CNG or fueling of motor vehicles for an ultimate consumer by the ultimate consumer or its employees do not in themselves constitute CNG related activities. Only paragraph (2) of this subsection applies to an employee of a state agency or institution, county, municipality, school district, or other governmental subdivision.
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      1. (A) Individuals wishing to take a management-level rules examination (for company representatives or operations supervisors) shall pay a nonrefundable fee of $50 before taking any such examination.
      2. (B) Individuals wishing to take an employee-level rules examination (for employees other than company representatives or operations supervisors) shall pay a nonrefundable fee of $20 before taking any such examination.
      3. (C) The examination fees are nonrefundable and, if an applicant fails an examination, the applicant shall pay the full examination fee for each subsequent examination.
   2. (2) Any employee of an ultimate consumer or a state agency or institution, county, municipality, school district, or other governmental subdivision not required to submit to examination under this section shall be properly supervised and trained in the installation, maintenance, and storage of CNG and CNG systems, and in the operation of equipment during the filling of and dispensing from storage containers. Such training shall also include the protection of containers and equipment against mechanical injury or tampering by unauthorized persons.
   3. (3) Each person wishing to submit to examination by the commission shall file a CNG Form 1016 with the commission prior to examination.
   4. (4) An individual who has filed CNG Form 1016 and the applicable nonrefundable examination fee may take the rules examination at the Commission's Austin office between the hours of 8:00 a.m. and 2:00 p.m., Monday through Friday, except for state holidays, and at other designated times and locations around the state. Applicants who wish to take the rules examination at sites other than the Austin office shall submit CNG Form 1016 and the applicable fee to the Commission's Austin office at least three business days prior to the examination date in order to receive an admittance letter from the Commission. The admittance letter shall be required at all exam sites other than the Austin office.

   5. (5) Within 30 days of the date an individual takes an examination, the Commission shall notify the individual of the results of the examination.

      1. (A) If the examination is graded or reviewed by a testing service, the Commission shall notify the individual of the examination results within 14 days of the date the Commission receives the results from the testing service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, the Commission shall notify the individual of the reason for the delay before the 90th day. The Commission may require a testing service to notify an individual of the individual's examination results.
      2. (B) Successful completion of any required examination shall be credited to and accrue to the individual.
      3. (C) Failure of any examination shall immediately disqualify the individual from performing any CNG related activities covered by the examination which is failed. Any person who fails an examination administered by the Commission may not re-take that examination for a period of at least 24 hours. If requested in writing by an individual who failed the examination, the Commission shall furnish the individual with an analysis of the individual's performance on the examination.

2. (b) General installers and repairmen exemption.

   1. (1) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B air conditioning and refrigeration contractors license issued by the Department of Licensing and Regulation may apply for and be granted an exemption to the Category 2 and 3 service and installation employee examination requirements by submitting to the Commission the following information:

      1. (A) CNG Form 1016B;
      2. (B) a $30 original filing fee; and
      3. (C) any information the Commission may reasonably require.
   2. (2) This exemption does not become effective until the examination exemption card is issued by the Commission.
   3. (3) The examination exemption accrues to the individual and is nontransferable.
   4. (4) Any individual granted such exemption shall maintain certified status at all times. Upon failure to maintain certified status, all affected CNG operations shall cease immediately until proper status has been regained.
   5. (5) In order to maintain an exemption, each individual issued an examination exemption card shall pay a $20 annual renewal fee to the Commission on or before May 31 of each year. Failure to pay the annual renewal fee by May 31 shall result in a lapsed exemption. If an individual's exemption lapses, that individual shall cease performing all CNG related activities granted by this exemption until that individual renews the exemption. To renew a lapsed exemption, the individual shall pay the $20 annual renewal fee plus a $20 late-filing fee. Failure to do so shall result in the expiration of the examination exemption. If the individual's examination exemption has been expired for one year or longer, the individual shall complete all requirements necessary to apply for a new exemption.
   6. (6) Any individual who is issued this exemption agrees to comply with the current edition of the regulations for compressed natural gas. In the event the exempt individual surrenders, fails to renew, or has the license revoked either by the Texas State Board of Plumbing Examiners or Department of Licensing and Regulation, that individual shall immediately cease performing any CNG activity granted by this section. The examination exemption card shall be returned immediately to the Commission and all rights and privileges surrendered.

3. (c) Trainees.

   1. (1) A licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 calendar days without that individual having successfully completed the rules examination subject to the following conditions.

      1. (A) The trainee shall be directly and individually supervised at all times by an individual who has successfully completed the rules examination for the areas of work being performed by the trainee.
      2. (B) The licensee or ultimate consumer shall ensure that CNG Form 1016 is on file with the Commission for each trainee at the time that trainee begins supervised CNG activities. The trainee shall then have 45 calendar days to pass the applicable rules examination.
   2. (2) A trainee who fails the rules examination shall immediately cease to perform any CNG related activities covered by the examination failed.
   3. (3) A trainee who has been in training for a total of 45 calendar days, in any combination and with any number of employers, shall cease to perform any CNG activities for which he or she is not certified.

4. (d) Renewal of certified status.

   1. (1) The Commission shall notify licensees of any employees' pending renewals, or shall notify the individual if not employed by a licensee, in writing, at the address on file with the Commission no later than March 15 of a year for the May 31 renewal date of that year.
   2. (2) In order to maintain active status, a certificate holder shall pay the $25 annual certificate renewal fee to the Commission on or before May 31 of each year. Individuals who hold more than one certificate shall pay only one annual renewal fee.
   3. (3) Failure to pay the annual renewal fee by the deadline shall result in a lapse of certification unless the late filing fee in paragraph (4) of this subsection is paid. If an individual's certification has been expired for one year or longer, that individual shall comply with the requirements of subsection (a) of this section. If an individual's certification lapses or expires, that individual shall immediately cease performance of any CNG activities that require certification. Certified status shall be regained only by successfully completing the examination requirement for certification and meeting the requirements of paragraph (4) of this subsection.
   4. (4) Any lapsed renewals submitted after May 31st of each year shall include a $20 late filing fee in addition to the renewal fee, proof of successful completion of the examination required for certification, and be received in the Commission's Austin office no later than close of business on August 31 or, if August 31 falls on a weekend or state holiday, close of business on the last business day before August 31 of each year. Upon receipt of the renewal fee and late filing penalty, the Commission shall verify that the individual's certification has not been suspended, revoked, or expired for one year or longer. After verification, the Commission shall renew the certification and the individual may resume CNG activities.
5. (e) Expired certification(s). Any renewal submitted after the August 31 deadline shall be considered expired. If an individual wishes to renew a certification that has been expired for less than one year, that individual shall submit the annual renewal fee and late filing fee, and proof of successful completion of the examination required for certification. Upon verification that the individual's certification has not been suspended, revoked, or expired for one year or longer, the Commission shall renew the individual's certification and the individual may resume CNG activities.

Source Note:The provisions of this §13.70 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective October 15, 1993, 18 TexReg 6457; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 9, 2003, 28 TexReg 4416.