1. (a) This section applies to all licensees and their employees who perform LNG activities, and to any ultimate consumer who has purchased, leased, or obtained other rights in any vessel defined by this chapter as an LNG transport, including any employee of such ultimate consumer if that employee drives or in any way operates such an LNG transport. Only paragraph (2) of this subsection applies to an employee of a state agency or institution, county, municipality, school district, or other governmental subdivision. Driving a motor vehicle powered by LNG or fueling of motor vehicles for an ultimate consumer by the ultimate consumer or its employees do not in themselves constitute LNG activities.

   1. (1) No individual may work or be employed in any capacity which requires contact with LNG or LNG systems until that individual has submitted to and passed a commission examination measuring the competence of that individual to perform the LNG activities anticipated and the individual's working knowledge of the Texas Natural Resources Code and the Regulations for Liquefied Natural Gas related to the type of LNG work anticipated. Table 1 of this section specifies which requirements, indicated with an asterisk, apply to each category of license.
   2. (2) Employees of an ultimate consumer not required to submit to examination under this section shall be properly trained by an individual who passed the examination in the installation, maintenance, and storage of LNG, LNG systems, and vehicles fueled by LNG, 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 damage or tampering by unauthorized persons.
   3. (3) An individual wishing to submit to examination by the commission shall file LNG Form 2016 along with the appropriate fee listed in subsection (c) of this section with the commission prior to examination. The commission shall notify the individual in writing of acceptance of LNG Form 2016.
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   4. (4) An individual who has filed LNG Form 2016 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 LNG Form 2016 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. The individual shall pass the rules examination with a score of at least 75%.

      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 the individual.
      3. (C) Any individual who fails an examination shall be immediately disqualified from performing any LNG activities covered by that examination and shall not retake the same examination for at least 24 hours, unless approved by the assistant director for the LP-Gas Section, Gas Services Division, or another designated Commission employee. 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) A licensee or ultimate consumer other than a political subdivision 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. (1) The trainee shall be directly and individually supervised at all times by an individual who has successfully completed the rules examination for those areas of work being performed by the trainee.
   2. (2) The licensee or ultimate consumer other than a political subdivision shall ensure that LNG Form 2016 is on file with the Commission for each trainee at the time the trainee begins supervised LNG activities. The trainee shall then have 45 calendar days to pass the applicable rules examination.
   3. (3) A trainee who fails the rules examination shall cease to perform any LNG activities covered by the examination failed.
   4. (4) A trainee who has been in training for a total of 45 days in any combination and with any number of employers shall cease to perform any LNG activities for which the trainee is not currently certified.
   5. (5) Once a trainee has taken the rules examination, the training period shall cease and the individual shall perform no LNG activities which require certification until the individual is notified by the Commission that the individual passed the examination.
3. (c) The applicant shall pay to the commission a $50 examination fee for each management-level examination and a $20 fee for each employee-level examination in advance of each required examination. Examination fees are nonrefundable. An applicant who fails an examination shall pay the full examination fee for each subsequent examination.

4. (d) 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. To maintain active status, a certificate holder shall pay the $25 annual 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.

   1. (1) Failure to pay the annual renewal fee by the renewal deadline shall result in a lapse of certification unless the late filing fee in paragraph (2) 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 LNG activities that require certification. An individual may regain certified status only by successfully completing the examination required for the certification and meeting the requirements of paragraph (2) of this section.
   2. (2) Any lapsed or expired renewals submitted after May 31 of each year shall include a $20 late-filing fee in addition to the renewal fee and proof of successful completion of the examination required for the certification 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. Upon receipt of the renewal fee, late-filing penalty, and proof of successful completion of the examination required for the certification, 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 LNG activities.
5. (e) Expired certifications. 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 certificate 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 LNG activities.
6. (f) Applicants for license shall attend the applicable courses of instruction as specified in Table 1 of subsection (a) of this section. The Category 35 course of instruction shall be held in Austin or any Commission-approved facility at times to be determined by the Commission, shall include at a minimum training over container installation, refueling facilities, motor fuel installations, and stationary installations, and shall not exceed 40 hours. Course attendees shall pay the fee to the Commission for the course. The fee shall be established by the division director and may vary as needed to cover the costs for a particular seminar in any given location. The seminar fee does not include the required examination fee.

Source Note:The provisions of this §14.2019 adopted to be effective May 26, 2003, 28 TexReg 4100.