1. (a) Training. Applicants for a new certification listed in this subsection, other than Category E, F, G, 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 of the appropriate year. Applicants for Category D, E, F, G, I, J, or K management-level certification shall attend the course or courses specified for the category. Category E applicants shall attend the 80-hour class; Category F, G, and I applicants shall attend the 16-hour class; and all other applicants shall attend an eight-hour class.

   1. (1) The following management- or employee-level applicants shall complete the training requirements:

      1. (A) Category D management-level;
      2. (B) Category E management-level;
      3. (C) Category F management-level;
      4. (D) Category G management-level;
      5. (E) Category I management-level;
      6. (F) Category J management-level;
      7. (G) Category K management-level;
      8. (H) Delivery truck employee-level;
      9. (I) DOT portable cylinder filler employee-level;
      10. (J) Service and Installation employee-level;
      11. (K) Appliance service and installation employee-level; and
      12. (L) 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.
   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. Individuals who pass an employee-level rules examination at other times shall have until the next May 31 to complete any required training. Completion of AFT shall be in accordance with subsection (f) of this section.
   4. (4) Applicants for company representative or operations supervisor who do not comply with the conditional qualification in §9.17(g) 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.

2. (b) Continuing education. A certificate holder shall complete at least eight hours of continuing education every four years. Upon fulfillment of this requirement, the certificate holder's next continuing education deadline shall be four years after the May 31 following the date of the most recent class the certificate holder has completed, unless the class was completed on May 31, in which case the deadline shall be four years from that date. A certificate holder's continuing education deadline shall not be extended if an examination for a current category and level of certification is retaken and passed; a continuing education deadline shall be extended only after a certificate holder successfully completes an applicable continuing education class. An individual who completes a continuing education class after the assigned deadline shall have four years from the original deadline to complete the next class.

   1. (1) Individuals completing their continuing education requirements shall then have four years to complete the next eight-hour continuing education requirement (unless a new certification is added that requires training as specified in subparagraph (B) of this paragraph).

      1. (A) Certificate holders with one of the following certificates shall complete the continuing education classroom instruction and any required AFT for that class:

         1. (i) Category D management-level;
         2. (ii) Category E management-level;
         3. (iii) Category F management-level;
         4. (iv) Category G management-level;
         5. (v) Category I management-level;
         6. (vi) Category J management-level;
         7. (vii) Category K management-level;
         8. (viii) Delivery truck employee-level;
         9. (ix) DOT portable cylinder filler employee-level;
         10. (x) Service and Installation employee-level;
         11. (xi) Appliance service and installation employee-level; and
         12. (xii) Motor/mobile fuel dispensing employee-level.
      2. (B) Certificate holders who hold only a Category D, F, G, J, or K certificate as of the effective date of this section shall complete their initial continuing education requirement by May 31, 2005. Certificate holders who hold a Category D, F, G, J, or K certificate and who have more than one certification as of the effective date of this section shall complete their continuing education requirement by the continuing education deadline assigned for the initial certificate.
      3. (C) 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 be responsible for attending a different continuing education class relevant to one of the other certifications held.
   2. (2) Certificate holders who attend a class 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 training or continuing education classes free of charge, but may request from the AFRED training section to attend classes 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 class. Any employee of a state agency, county, municipality, school district, or other governmental subdivision is not required to pay the fee.
   4. (4) Any certificate holder who has timely paid the annual certificate renewal fee but is not otherwise required to attend a Commission continuing education class may voluntarily attend a class, 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).
3. (c) Train-the-Trainer classes. The Train-the-Trainer classes shall not count as credit towards the training or continuing education requirements.
4. (d) Class materials. Individuals who attend Commission-taught classes shall receive a copy of the class materials at no charge. Additional copies may be purchased from the Commission at the established price.
5. (e) Certificates of completion. The AFRED training section shall issue a certificate of completion to each individual who completes a Commission-taught class. Individuals shall retain the certificates as proof of completion of the class.

6. (f) Advanced field training (AFT). Some classes may include AFT in addition to the classroom hours, during which class attendees shall perform LP-gas activities. AFT shall be properly completed within 30 calendar days of attending the class. All qualification tasks included in the AFT shall be completed. The AFT materials, including the qualification checklist and the certification page, shall be readily available at the licensee's Texas business location for review by an authorized Commission representative during normal business hours.

   1. (1) The responsibility of certifying AFT activities shall not be delegated to an unauthorized individual. AFT qualification tasks shall be witnessed by an authorized individual, verified as being successfully completed, and the AFT form signed 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) If authorized, a Commission-approved outside instructor may certify any AFT.

   2. (2) Other AFT situations shall be handled as follows:

      1. (A) For a certified individual employed by a licensee, the licensee shall retain the most recently completed AFT material for each applicable category of the individual's certification in the individual's employment records.
      2. (B) For an individual who ceases employment with a licensee, the licensee shall retain the latest required AFT material for at least two years from the date the individual is no longer employed by the licensee. The two-year period shall be based on the renewal period for the examination renewal fee penalty. The licensee shall provide a copy of the AFT material to the individual.
      3. (C) For an individual who begins employment with a different licensee, the new licensee shall obtain a copy of the individual's AFT material from the individual and shall place the copy in the individual's employment records.
      4. (D) An individual who is never employed by a licensee shall retain the most recently completed AFT material for each applicable category of the individual's certification in a safe location for at least two years from the date the class that required the AFT was attended.
      5. (E) For an individual who is employed by a licensee when a class requiring AFT is attended, but who prior to the AFT's being certified becomes employed by a new licensee, the new licensee shall certify the individual's AFT.
      6. (F) For an individual who is employed by a licensee when a class requiring AFT is attended, but who prior to the AFT's being certified ceases employment with the licensee and wishes to continue performing LP-gas activities, the individual shall contact a company representative or operations supervisor of another applicable licensee or an approved Commission outside instructor to complete the AFT and maintain the LP-gas certification.
   3. (3) Individuals who attend the 80-hour Category E management-level class or the 16-hour Category F, G, or I management-level class shall perform any required AFT activities during the class.
   4. (4) If AFT is required for a class, the AFT checklist outlining the specific activities to be performed shall be included in the class materials.
7. (g) Available courses. Training and continuing education courses and other information are shown in Tables 1 through 4 of this subsection. Items on the tables 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; amended to be effective August 25, 2003, 28 TexReg 6831.