16 Tex. Admin. Code § 13.70 - Examination and Exempt Registration Requirements and Renewals
(a) Requirements
and application for a new certificate.
(1) In
addition to NFPA 52 §§1.4.3 and 4.2, and NFPA 55 §4.7, no person
shall perform work, directly supervise CNG activities, or be employed in any
capacity requiring contact with CNG, unless that individual is employed by a
licensee and:
(A) is a certificate holder who
is in compliance with renewal requirements in subsection (h) of this
section;
(B) is a trainee who
complies with subsection (f) of this section; or
(C) holds a current examination exemption
pursuant to subsection (g) of this section.
(2) Any person transporting CNG on a public
roadway must be properly certified, even if the unit is operated by an ultimate
consumer.
(b) Rules
examination.
(1) An individual who passes the
applicable rules examination with a score of at least 75% will become a
certificate holder. AFS will send a certificate to the licensee listed on the
CNG Form 1016. If a licensee is not listed on the form, AFS will send the
certificate to the individual's personal address.
(A) Successful completion of any required
examination shall be credited to and accrue to the individual.
(B) An individual who has been issued a
certificate shall make it readily available and shall present the certificate
to any Commission employee or agent who requests proof of
certification.
(2) An
applicant for examination shall bring to the exam site:
(A) a completed CNG Form 1016; and
(B) payment of the applicable fee specified
in this subsection;
(3)
An individual who files CNG Form 1016 and pays the applicable nonrefundable
examination fee may take the rules examination.
(A) Dates and locations of available
Commission CNG examinations may be obtained on the Commission's web site.
Examinations may be administered:
(i) at the
Commission's AFS Training Center in Austin;
(ii) at other designated times and locations
around the state; and
(iii) through
an online testing or proctoring service.
(B) Individuals or companies may request in
writing that examinations be given in their area. AFS shall schedule
examinations at its discretion.
(C)
Exam fees.
(i) The nonrefundable
management-level rules examination fee is $70.
(ii) The nonrefundable employee-level rules
examination fee is $40.
(iii) The
nonrefundable examination fees shall be paid each time an individual takes an
examination.
(iv) A military
service member, military veteran, or military spouse shall be exempt from the
examination fee pursuant to the requirements in §
13.76 of this title (relating to
Military Fee Exemption). An individual who receives a military fee exemption is
not exempt from renewal fees specified in subsection (h) of this
section.
(v) Beginning February 7,
2023, individuals who register for an examination to be administered by a
testing or proctoring service shall pay any fee required by the testing or
proctoring service in addition to paying the examination fee to the
Commission.
(D) Time
limits.
(i) An applicant shall complete the
examination within two hours.
(ii)
The examination proctor shall be the official time keeper.
(iii) An examinee shall submit the
examination and the answer sheet to the examination proctor before or at the
end of the established time limit for an examination.
(iv) The examination proctor shall mark any
answer sheet that was not completed within the time limit.
(E) Each individual who performs CNG
activities as an employee of an ultimate consumer or a state agency, county,
municipality, school district, or other governmental subdivision shall be
properly supervised by his or her employer. Any such individual who is not
certified by AFS to perform such CNG activities shall be properly trained by a
competent person in the safe performance of such CNG activities.
(c) The following
examinations are offered by the Commission.
(1) Employee-level examinations:
(A) The Service and Installation Technician
examination qualifies an individual to perform all CNG activities related to
stationary CNG systems, including CNG containers, piping, and equipment. The
Service and Installation examination does not authorize an individual to fill
containers or operate a CNG transport.
(B) The Delivery Truck Driver examination
qualifies an individual to operate a cargo tank, load and unload CNG and
connect and disconnect transfer hoses, and operate a cylinder delivery
unit.
(C) The Cylinder Filler
examination qualifies an individual to inspect, fill, disconnect, and connect
CNG cylinders.
(2)
Management-level examinations:
(A) Category 1
examination qualifies an individual to assemble, repair, test, sell, install,
and subframe ASME and DOT containers.
(B) Category 1A examination qualifies an
individual to assemble, repair, test, sell, install, and subframe ASME
containers.
(C) Category 1B
examination qualifies an individual to assemble, repair, test, sell, install,
and subframe DOT containers.
(D)
Category 2 examination qualifies an individual to sell, install, service, and
repair CNG systems, including cylinders.
(E) Category 3 examination qualifies an
individual to sell, store, transport for delivery and dispense CNG for use
other than by an ultimate consumer, and to sell, install, service, and repair
CNG systems as described in Category 2 and 5 examinations.
(F) Category 4 examination qualifies an
individual to test CNG cylinders.
(G) Category 5 examination qualifies an
individual to operate a CNG service station, including filling CNG cylinders,
or operate a cylinder exchange dealership, including filling CNG cylinders,
selling CNG in cylinders, selling CNG cylinders, and replacing cylinder
valves.
(d)
Within 15 calendar days of the date an individual takes an examination, AFS
shall notify the individual of the results of the examination.
(1) If the examination is graded or reviewed
by a testing or proctoring service, AFS shall notify the individual of the
examination results within 14 days of the date AFS receives the results from
the testing or proctoring service.
(2) If the notice of the examination results
will be delayed for longer than 90 days after the examination date, AFS shall
notify the individual of the reason for the delay before the 90th day. AFS may
require a testing or proctoring service to notify an individual of the
individual's examination results.
(e) Failure of any examination shall
immediately disqualify the individual from performing any CNG related
activities covered by the examination which is failed, except for activities
covered by a separate examination which the individual has passed.
(1) Any individual who fails an examination
administered by the Commission at the Austin location may retake the same
examination one additional time during a business day.
(2) Any subsequent examinations shall be
taken on another business day, unless approved by the AFS director.
(3) An individual who fails an examination
may request an analysis of the individual's performance on the
examination.
(f)
Trainees.
(1) A licensee or ultimate consumer
may employ an individual as a trainee for a period not to exceed 45 calendar
days without that individual having successfully completed the rules
examination, as specified in subsection (b) of this section, or registered as
specified in subsection (g) of this section, subject to the following
conditions:
(A) In addition to NFPA 52
§4.2, the trainee shall be directly and individually supervised at all
times by an individual who has successfully completed the Commission's rules
examination for the areas of work being performed by the trainee.
(B) A trainee who has been in training for a
total period of 45 calendar days, in any combination and with any number of
employers, shall cease to perform any CNG activities for which the trainee is
not certified until the trainee successfully completes the rules
examination.
(2) A
trainee who fails the rules examination shall immediately cease to perform any
CNG related activities covered by the examination failed.
(g) General installers and repairmen
exemption.
(1) 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 Texas Department of Licensing
and Regulation, may register with AFS and be granted an exemption to the
service and installation technician employee-level examination requirements,
provided the applicant:
(A) holds an active
license in compliance with Texas Occupations Code, §
1302.260, relating
to Issuance and Term of License, and §1301.351, relating to License,
Endorsement, or Registration Required;
(B) submits a completed CNG Form
1016B;
(C) submits the required $30
original filing fee, except as described in paragraph (8) of this
subsection;
(D) submits a legible
copy of a current Air Conditioning and Refrigeration Contractors License or
Master/Journeyman Plumbers certificate; and
(E) submits a legible copy of a current
picture state-issued identification card or driver's license.
(2) This exemption does not become
effective until the examination exemption card is issued by AFS.
(3) The examination exemption accrues to the
individual and is nontransferable. An exemption does not allow other
individuals to perform CNG related activities under the supervision of the
registered individual. Each individual performing CNG related activities must
be registered or certified by examination in accordance with subsection (a) of
this section.
(4) Any individual
granted such exemption shall maintain registered status at all times. Upon
failure to maintain registered status, the individual shall immediately cease
all affected CNG activities until proper status has been regained.
(5) In order to maintain an exemption, each
individual issued an examination exemption card must maintain a valid master or
journeyman plumbers license or Class A or B Air Conditioning and Refrigeration
Contractors license. Each individual shall also pay a $20 annual renewal fee to
AFS 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 CNG activities until the exemption has been
renewed. To renew a lapsed exemption, the individual 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 the individual's examination
exemption has been expired for more than two years, the individual shall
complete all requirements necessary to apply for a new exemption.
(6) Individuals issued an exemption must
maintain a valid master or journeyman plumbers license or ACR Contractors
license to renew their Commission registration.
(7) Any individual who is issued an exemption
under this subsection agrees to comply with the current edition of the rules in
this chapter. In the event the exempt individual surrenders, fails to renew, or
has the license revoked either by the Texas State Board of Plumbing Examiners
or Texas Department of Licensing and Regulation, that individual shall
immediately cease performing any CNG activity granted by this
section.
(8) A military service
member, military veteran, or military spouse shall be exempt from the original
registration fee pursuant to the requirements in §
13.76 of this title. An individual
who receives a military fee exemption is not exempt from renewal fees specified
in subsection (h) of this section.
(h) Requirements for certificate holder
renewal.
(1) In order to maintain active
status, certificate holders shall renew their certificate or exemption annually
as specified in this subsection.
(2) AFS shall notify licensees of any of
their employees' pending renewal deadlines and shall notify the individual, if
not employed by a licensee, in writing, at the address on file with AFS, no
later than March 15 of a year for the May 31 renewal date of that
year.
(3) Certificate holders shall
pay the nonrefundable $25 annual certificate renewal fee to AFS on or before
May 31 of each year. Individuals who hold more than one certificate shall pay
only one annual renewal fee.
(A) Failure to
pay the nonrefundable annual renewal fee by the deadline shall result in a
lapsed certificate.
(i) To renew a lapsed
certificate, the individual shall pay the nonrefundable $25 annual renewal fee
plus a nonrefundable $20 late-filing fee. Failure to do so shall result in the
expiration of the certificate.
(ii)
If an individual's certificate lapses or expires, that individual shall
immediately cease performance of any CNG activities authorized by the
certificate.
(iii) If an
individual's certificate has been expired for more than two years from May 31
of the year in which the certificate lapsed, that individual shall comply with
the requirements of subsection (a) of this section.
(B) Upon receipt of the annual renewal fee
and late filing fee, AFS shall verify that all applicable requirements have
been met. After verification, AFS shall renew the certificate and send a copy
of the certificate, and the individual may continue or resume CNG activities
authorized by that certificate.
Notes
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