1. (a) Examination general provisions.

   1. (1) No person may work or be employed in any capacity which requires contact with CNG or CNG systems until that person has submitted to and successfully completed a commission examination which measures the competency of that person 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.
   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 must 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) All examinations will be administered in Austin and at other selected sites, when appropriate, unless an applicant demonstrates good cause for administering the examination elsewhere. Good cause includes, but is not limited to, severe economic hardship.
   5. (5) Successful completion of any required examination shall be credited to and accrue to the individual.
   6. (6) Failure of any examination shall immediately disqualify the person 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.
   7. (7) Dates and locations of examinations shall be listed in a schedule made annually by the commission. The schedule shall be prepared no later than November 15th of each year. The commission shall post the schedule in its Austin office and make a copy of it available to any person who requests it.

2. (b) General installers and repairmen exemption.

   1. (1) Any person 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 applicant and is nontransferable.
   4. (4) Any person granted such exemption must maintain certified status at all times. Upon failure to maintain certified status, all affected CNG operations must cease immediately until proper status has been regained.

   5. (5) In order to maintain certified status, each person issued an examination exemption card shall submit a $20 fee annually to the commission on or before the 31st day of May of each year. If both of these items are not received by the deadline, that person shall cease performing all CNG related activities granted by this exemption and may not resume such activities until that person is in receipt of his or her examination exemption card. Late renewals are permitted for a period not to exceed two years by paying a late filing penalty plus the yearly renewal fee(s) as follows:

      1. (A) the applicant's exemption has been expired for not longer than 92 days, the applicant's penalty fee is $20 plus a $20 annual fee;
      2. (B) the applicant's exemption has been expired for greater than 92 days, but not longer than two years, the applicant's penalty fee is $50 plus a $20 annual fee. If an applicant's exemption has been expired for longer than two years, the applicant cannot renew his exemption and must apply for a new original exemption.
   6. (6) Any person 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 person will immediately cease performing any CNG activity granted by this section. The examination exemption card must be returned immediately to the commission and all rights and privileges surrendered.

3. (c) Trainees.

   1. (1) Notwithstanding the examination requirements set forth in this section, a licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 days, without that person having successfully completed the necessary examination, subject to the following conditions.

      1. (A) The trainee must be directly and individually supervised at all times by a person who has successfully completed the commission examination for the areas of work being performed by the trainee. Refer to subsection (f) (Table 1) of this section for those CNG related activities for which a person must be certified or a trainee can perform under direct supervision.
      2. (B) The licensee or ultimate consumer shall ensure that a CNG Form 1016 is on file with the commission for each employee in training prior to that employee taking the examination.
      3. (C) No trainee may perform any work for which he or she is not currently certified while unsupervised, if such work involves CNG activities.
   2. (2) A trainee who takes a commission examination, and who fails the examination, shall cease to perform any CNG related activities covered by the examination failed. A trainee who has been in training for a total period of 45 days, in any combination or with any number of employers, shall cease to perform any CNG activities for which he or she is not certified.
   3. (3) A trainee who continues to work in violation of this subsection may be held responsible for the violation. An employer who employs a person in violation of this subsection may be held responsible for the violation. Possible penalties for violation are set forth in the Texas Natural Resources Code, Chapter 116. The commission may call an administrative hearing to show cause why a license should not be subject to revocation, suspension, or probation, or any combination of these penalties.
4. (d) Examination fees. Each applicant shall pay to the commission the examination fee specified in subsection (a)(1)(A) and (B) of this section in advance for each required examination. The fee is nonrefundable, and if an applicant fails an examination, the applicant shall pay the full examination fee for each subsequent examination.

5. (e) Renewal of certified status.

   1. (1) In order to maintain certified status, each person who has been certified by examination shall pay the annual fee specified in subsection (a)(1)(A) and (B) of this section to the commission on or before the 31st day of May of each year.
   2. (2) Failure to meet the May 31st renewal deadline set forth in this section shall result in a lapse of certification. Failure to meet the August 31st of each year deadline discussed in paragraph (3) of this subsection shall result in the expiration of certification. If a person's certification has been expired for more than two years, that person must comply with the requirements of subsection (a) of this section. If a person's certification lapses or expires, that person shall immediately cease performance of any CNG activities that require certification. Certified status may be regained only by successfully completing the examination requirement for certification and meeting the requirements of paragraph (3) of this subsection.
   3. (3) Any lapsed renewals submitted after May 31st of each year shall include a $20 late filing penalty 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 midnight of the 31st day of August of each year. Upon receipt of the renewal fee and late filing penalty, the commission shall verify that the person's certification has not been suspended, revoked, or expired for more than two years. After verification, the commission shall renew the certification and the person may resume CNG activities.
6. (f) Expired certification(s). Any renewal submitted after the August 31 deadline shall be considered expired. If a person wishes to renew a certification that has been expired for less than two years, that person shall submit the annual renewal fee and late filing penalty, and proof of successful completion of the examination required for certification. Upon verification that the person's certification has not been suspended, revoked, or expired for more than two years, the commission shall renew the person's certification and the person 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.