(a) The commission shall designate whether a site is an outlet for the purpose of this chapter. Criteria used by the commission in determining the designation of an outlet includes, but is not limited to:
- (1) distance from other LP-gas activities operated by the licensee;
- (2) whether the operation is a duplicate of the home office operation; and
- (3) whether the operation is directly supervised on a routine basis.
- (b) A licensee maintaining more than one outlet shall file LPG Form 1A with the commission designating an operations supervisor (branch manager) at each outlet. The operations supervisor shall pass the management examination as administered by the commission or, in the case of a Category D licensee only, obtain a General Installers and Repairmen Exemption as specified in §9.6(b) of this title (relating to Examination and Course of Instruction), before commencing or continuing the licensee's operations at the outlet.
- (c) An operations supervisor (branch manager) may be a company representative of the licensee; however, unless the commission grants specific approval, an individual may be designated as an operations supervisor (branch manager) at each outlet.
- (d) The operations supervisor (branch manager) shall be directly responsible for actively supervising LP-gas operations of the licensee at the designated outlet.
Source Note:The provisions of this §9.8 adopted to be effective June 13, 1995, 20 TexReg 3983.