16 Tex. Admin. Code § 9.52 – Training and Continuing Education Courses

(a) Training. Applicants for a new license or certificate listed in this subsection, other than Category E or I management-level individuals and except as stated in paragraph (4) of this subsection, shall attend at least eight hours of training prior to their first certificate renewal deadline of May 31 the following year. Applicants for Category E or I management-level shall attend the course or courses specified for the category.
1. (1) The following management- or employee-level applicants shall complete the training requirements:
  1. (A) Category E management-level;
  2. (B) Category I management-level;
  3. (C) Delivery truck employee-level;
  4. (D) DOT portable cylinder filler employee-level;
  5. (E) Service and Installation employee-level; and
  6. (F) Motor/mobile fuel dispensing employee-level.
2. (2) Training requirements for an applicant for license shall be fulfilled by all prospective company representatives and operations supervisors for the license applicant.
3. (3) Individuals who pass an employee-level rules examination between March 1 and May 31 of any year shall have until May 31 of the next year to complete any required training and AFT. Individuals who pass an employee-level rules examination at other times shall have until the next May 31 to complete any required training and AFT.
4. (4) Applicants for company representative or operations supervisor who do not comply with the conditional qualification in §9.17(e) of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors) shall comply with the training requirements in this section prior to the Commission issuing a certificate.
(b) Continuing education. A certificate holder shall complete at least eight hours of continuing education every four years. Attendance at more than eight hours of continuing education prior to a deadline shall not count toward the fulfillment of this requirement for any subsequent four-year period and shall not extend the deadline.
1. (1) As soon as practicable after the effective date of this rule, the Commission shall randomly assign each certified individual a continuing education deadline date. One-fourth of the certified individuals shall be assigned a deadline date of May 31, 2002, and equal numbers of the remaining certified individuals shall be assigned deadline dates of May 31, 2003, May 31, 2004, and May 31, 2005. Individuals who complete their continuing education requirements by the year randomly assigned shall then have an additional four years to complete the next eight-hour continuing education requirement.
  1. (A) Certificate holders with one of the following certificates shall complete the continuing education classroom instruction and any required AFT for that course:
    1. (i) Category E management-level;
    2. (ii) Category I management-level;
    3. (iii) Delivery truck employee-level;
    4. (iv) DOT portable cylinder filler employee-level;
    5. (v) Service and Installation employee-level; and
    6. (vi) Motor/mobile fuel dispensing employee-level.
  2. (B) Certificate holders who are certified to perform LP-gas activities covered by different certifications shall complete the continuing education requirements for any one of the certifications held in order to maintain active status. For each subsequent continuing education requirement, such individuals shall attend a different continuing education course relevant to one of the other certifications held.
2. (2) Certificate holders who attend a course offered by an outside instructor shall not be entitled to a refund of the annual renewal fee or any other fees or penalties required by the Commission.
3. (3) Individuals who have not paid the annual certificate renewal fee, including general installers and repairman exemption holders or members of the general public, shall not attend continuing education courses free of charge, but may request from the AFRED training section to attend courses at the charge specified in §9.51 of this title (relating to General Requirements for Training and Continuing Education). Such requests shall be in writing and handled at AFRED's discretion on an individual basis and if space is available in the requested course.
4. (4) Any certificate holder who has timely paid the annual certificate renewal fee but is not otherwise required to attend a continuing education course may voluntarily attend a continuing education course, if space is available, by registering with the AFRED training section as specified in §9.51 of this title (relating to General Requirements for Training and Continuing Education).
(c) Course materials. Individuals who attend Commission-taught courses shall receive a copy of the course materials at no charge. Additional copies may be purchased from the Commission at a reasonable charge.
(d) Certificates of completion. The AFRED training section shall issue a certificate of completion to each individual who completes a Commission-taught course. Individuals shall retain the certificates as proof of completion of the course.
(e) Advanced field training. Some courses may include AFT in addition to the course classroom hours, during which course attendees shall perform LP-gas activities. AFT shall be completed and the individual responsible for certifying the AFT shall return the AFT certification within a reasonable time following the completion of the classroom hours and prior to the individual's certificate renewal date in accordance with subsection (a)(3) of this section.
1. (1) AFT shall be certified as being successfully completed as follows:
  1. (A) For licensees with only one company representative, that company representative shall self-certify the AFT.
  2. (B) For licensees with more than one company representative, one company representative may certify the AFT of another company representative, but shall not self-certify.
  3. (C) Company representatives shall certify operations supervisors' AFT.
  4. (D) The company representative or an operations supervisor authorized by the licensee and in current good standing with the Commission shall certify the employees' AFT.
  5. (E) A Commission-approved outside instructor may certify any AFT.
2. (2) Individuals who attend the Category E 80-hour management-level course or the Category I 16-hour management-level course shall perform any required AFT activities during the course. The Commission instructor shall certify the AFT.
3. (3) If AFT is required for a course, the AFT checklist outlining the specific activities to be performed shall be included in the course materials.
(f) Computer-based continuing education courses.
1. (1) To receive credit for a computer-based continuing education course as shown in Table 1 of this section, the individual shall have successfully completed all sections and exercises of the course.
2. (2) The company representative or operations supervisor shall comply with AFRED's written computer-based course agreement.
3. (3) The individual shall ensure that all hardware and software shall be returned to the AFRED training section within the time period established by the AFRED training section. AFRED shall inspect the computer upon its return. If AFRED determines that changes or modifications have been made (including, for example, files or information downloaded from the Internet), the individual shall not receive credit for the computer-based course and the Commission shall not issue a certificate. If the computer requires any work to return the computer to its original condition, the individual shall reimburse the Commission for the repair costs.
(g) Training and continuing education courses and other information are shown in Table 1 of this subsection. Items on the table marked with an "x" indicate courses that meet training or continuing education requirements for management-level or employee-level certificate holders in that category.
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Source Note:The provisions of this §9.52 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective May 28, 2001, 26 TexReg 3742.