1. (a) No person shall perform work or be employed in any capacity requiring contact with LP-gas until that individual has taken and passed the applicable rules examination specified in §9.10 of this title (relating to Rules Examination) and, except for a trainee described in §9.12 of this title (relating to Trainees), has successfully completed the training requirements beginning in §9.51 of this title (relating to General Requirements for Training and Continuing Education). Licensees, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and examination identification cards for employees at that location available for inspection during regular business hours.
2. (b) Licensees shall maintain a current version of the LP-Gas Safety Rules and shall provide at least one copy to each company representative and operations supervisor. The copies shall be available to employees during business hours.
3. (c) Licenses issued under this chapter expire one year after issuance at midnight on the last day of the month prior to the month in which they are issued.

4. (d) An applicant for a new license shall file with the Commission:

   1. (1) a properly completed LPG Form 1 listing all names under which LP-gas related activities requiring licensing are to be conducted. Any company performing LP-gas activities under an assumed name ("DBA" or "doing business as" name) shall file copies of the assumed name certificates which are required to be filed with the respective county clerk's office and/or the Secretary of State's office with the Commission; and

   2. (2) LPG Form 16 or 16B and any of the following applicable forms:

      1. (A) LPG Form 1A if the applicant will establish any outlets;
      2. (B) LPG Form 7 and any information requested in §9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units) if the applicant intends to register any LP-gas transports or container delivery units;
      3. (C) LPG Form 19 if the applicant will be transferring the operation of an existing bulk plant, service station, cylinder filling, or portable cylinder exchange rack installation from another owner or name;
      4. (D) LPG Form 26 if the applicant for license is a corporation or limited liability company; and the applicant shall also comply with §9.21 of this title (relating to Franchise Tax Certification and Assumed Name Certificates);
      5. (E) LPG Form 996A or 996B if the applicant is required to carry workers' compensation; and the applicant shall also comply with §9.26 of this title (relating to Insurance Requirements);
      6. (F) LPG Form 997A or 997B if the applicant will operate a transport or container delivery unit; and the applicant shall also comply with §9.26; and/or
      7. (G) LPG Form 998A or 998B if the applicant is required to carry general liability; and the applicant shall also comply with §9.26;

   3. (3) pay the following fees:

      1. (A) the applicable license fee specified in §9.6 of this title (relating to Licenses and Fees);
      2. (B) transport registration fees specified in §9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units), if the applicant for license intends to operate a transport or container delivery unit; and
      3. (C) the management-level rules examination fee specified in §9.10 of this title (relating to Rules Examination); and
      4. (D) the fee for any required training course as specified in §9.51 of this title (relating to General Requirements for Training and Continuing Education).
5. (e) An applicant for license shall not engage in LP-gas activities governed by the Texas Natural Resources Code, Chapter 113, and the LP-Gas Safety Rules, until it has employed a company representative and/or operations supervisor who has passed the management-level rules examination specified in §9.10 of this title (relating to Rules Examination) with a score of at least 75% and who has completed any required training in §9.51 and §9.52 of this title (relating to General Requirements for Training and Continuing Education; and Training and Continuing Education Courses), or who has obtained a General Installers and Repairman Exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption). Company representatives and operations supervisors shall also comply with §9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors).

6. (f) For license renewals, the Commission shall notify the licensee in writing of the impending license expiration at least 15 business days prior to the expiration date. The renewal notice shall include copies of LPG Forms 1, 1A, 7, and 26, whichever are applicable, showing the information currently on file. Renewals shall be submitted to the Commission with any necessary changes clearly marked on the forms, along with the license renewal fee specified in §9.6 of this title (relating to Licenses and Fees) and any applicable transport registration fee specified in §9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units) on or before the last day of the month in which the license expires in order for the licensee to continue LP-gas activities. Failure to meet the renewal deadline set forth in this section shall result in expiration of the license. If a person's license expires, that person shall immediately cease performance of any LP-gas activities authorized by the license. After verification, if the licensee has met all other requirements for licensing, the Commission shall renew the license, and the person may resume LP-gas activities.

   1. (1) If a person's license has been expired for fewer than 90 calendar days, the person shall submit a late-filing penalty of one-half the amount of the annual renewal fee in addition to the required annual renewal fee. Upon receipt of the annual renewal fee and late-filing penalty, the Commission shall verify that the person's license has not been suspended, revoked, or expired for more than two years. After verification, if the licensee has met all other requirements for licensing, the Commission shall renew the license, and the person may resume LP-gas activities.
   2. (2) If a person's license has been expired for 90 calendar days but less than two years, the person shall submit a late-filing penalty equal to the amount of the annual renewal fee in addition to the required annual renewal fee. Upon receipt of the annual renewal fee and late-filing penalty, the Commission shall verify that the person's license has not been suspended, revoked, or expired for more than two years. After verification, if the licensee has met all other requirements for licensing, the Commission shall renew the license, and the person may resume LP-gas related activities.
   3. (3) If a person's license has been expired for more than two years, that person shall not renew, but shall comply with the requirements for issuance of a new license.

7. (g) Applicants for license or license renewal in the following categories shall comply with these additional requirements:

   1. (1) An applicant for a Category A license or renewal shall file with the Commission for each of its outlets legible copies of:

      1. (A) its current Department of Transportation (DOT) authorization. A licensee shall not continue to operate after the expiration date of the DOT authorization; and/or
      2. (B) its current American Society of Mechanical Engineers (ASME) Code, Section VIII certificate of authorization.
   2. (2) An applicant for a Category B or O license or renewal shall file with the Commission a properly completed LPG Form 505 certifying that the applicant will follow the testing procedures indicated. The company representative designated on the licensee's LPG Form 1 shall sign the LPG Form 505.
   3. (3) An applicant for Category A, B, or O license or renewal who tests tanks, subframes LP-gas cargo tanks, or performs other activities requiring DOT registration shall file with the Commission a copy of any applicable current DOT registrations. Such registration shall comply with Title 49, Code of Federal Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).

Source Note:The provisions of this §9.7 adopted to be effective February 1, 2001, 26 TexReg 947.