1. (a) An individual who has filed LPG Form 16 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.

   1. (1) Applicants who wish to take the rules examination at sites other than the Austin office shall submit LPG Form 16 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.
   2. (2) The Category E and I management-level rules examination shall also be offered in conjunction with the Category E and I training courses.

   3. (3) Exam fees.

      1. (A) The management-level rules examination fee (for company representatives and operations supervisors) is $50.
      2. (B) The employee-level rules examination fee (for employees other than company representatives or operations supervisors) is $20.
      3. (C) The examination fee shall be paid each time an individual wishes to take the examination.
      4. (D) Individuals who register and pay for a Category E or I training course as specified in §9.51(e)(2)(A) of this title (relating to General Requirements for Training and Continuing Education) shall pay the charge specified for the applicable examination.
2. (b) Table 1 of this subsection specifies the examinations offered by the Commission.
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3. (c) Within 30 days of the date an individual takes an examination, the Commission shall notify the individual of the results of the examination.

   1. (1) 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. (2) Successful completion of any required examination shall be credited to and accrue to the individual.

4. (d) Failure of any examination shall immediately disqualify the individual from performing any LP-gas related activities covered by the examination which is failed, except for activities covered by a separate examination which the individual has passed. 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.

   1. (1) Any individual who fails an examination administered by the Commission only at the Austin location may retake the same examination only one additional time during a business day. Any subsequent examination shall be taken on another business day, unless approved by the assistant director.
   2. (2) Any individual who fails an examination administered at a location other than the Austin location shall reapply to the Austin office for a new admittance letter.

Source Note:The provisions of this §9.10 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742; amended to be effective June 9, 2003, 28 TexReg 4412.