1. (a) 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 D management-level rules examination and any service and installation employee-level rules examination for Categories D, E, K, or N only by submitting to the Commission the following:

   1. (1) LPG Form 16B;
   2. (2) a $30 original filing fee; and
   3. (3) any information the Commission may reasonably require.
2. (b) This exemption does not become effective until the examination exemption card is issued by the Commission.

3. (c) An individual who holds a general installers and repairmen exemption shall not perform LP-gas related activities unless:

   1. (1) that individual works for a properly licensed Category D, E, K, or N licensee;
   2. (2) the individual successfully completes the applicable employee-level rules examination and training or continuing education required to work for a licensee in a category other than D, E, K, or N; or
   3. (3) the individual successfully completes the rules examination and any training or continuing education requirements for a category of license other than Category D, E, K, or N.
4. (d) The examination exemption accrues to the individual and is nontransferable.
5. (e) Any individual granted such exemption shall maintain certified status at all times. Upon failure to maintain certified status, the individual shall immediately cease all affected LP-gas activities until proper status has been regained.
6. (f) 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 all LP-gas activities until the exemption has been renewed. To renew a lapsed exemption, the applicant 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 an individual's examination exemption has been expired for more than two years, that individual shall complete all requirements necessary to apply for a new exemption.
7. (g) Each applicant for exemption who plans to substitute an individual as noted in §9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors) for its company representative or operations supervisor may do so provided that individual complies with all of the other requirements.
8. (h) Any individual who is issued this exemption agrees to comply with the current edition of the LP-Gas Safety Rules. In the event the exempt individual surrenders, fails to renew, or has the licensed revoked either by the Texas State Board of Plumbing Examiners or the Department of Licensing and Regulation, that individual shall immediately cease performing any LP-gas activities granted by this section. The examination exemption card shall be returned immediately to the Commission and all rights and privileges surrendered.

Source Note:The provisions of this §9.13 adopted to be effective February 1, 2001, 26 TexReg 947.