16 Tex. Admin. Code § 9.10 - Rules Examination
(a) 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 LPG Form 16. If a licensee is not listed on the form, AFS will send the
certificate to the individual's personal address.
(1) Successful completion of any examination
shall be credited to and accrue to the individual.
(2) An individual who has been issued a
certificate shall make the certificate readily available and shall present it
to any Commission employee or agent who requests proof of
certification.
(b) An
applicant for examination shall bring to the exam site:
(1) a completed LPG Form 16; and
(2) payment of the applicable fee specified
in subsection (c) of this section.
(c) An individual who files LPG Form 16 and
pays the applicable nonrefundable examination fee may take the rules
examination.
(1) Dates and locations of
available Commission LP-gas examinations may be obtained on the Commission's
web site. Examinations may be administered:
(A) at the Commission's AFS Training Center
in Austin;
(B) at other designated
locations around the state; and
(C)
through an online testing or proctoring service.
(2) Individuals or companies may request in
writing that examinations be given in their area. AFS shall schedule
examinations at its discretion.
(3)
Except in a case where a conditional qualification has been requested in
writing and approved under §
9.17(g) of this
title (relating to Designation and Responsibilities of Company Representatives
and Operations Supervisors), the Category E, F, G, I, and J management-level
rules examination shall be administered only in conjunction with the Category
E, F, G, I, and J management-level courses of instruction. Management-level
rules examinations other than Category E, F, G, I, and J may be administered on
any scheduled examination day.
(4)
Exam fees.
(A) The nonrefundable
management-level rules examination fee is $70.
(B) The nonrefundable employee-level rules
examination fee is $40.
(C) The
nonrefundable examination fee shall be paid each time an individual takes an
examination.
(D) Individuals who
register and pay for a Category E, F, G, I, or J training course as specified
in §
9.51(j)(2)(A) of
this title (relating to General Requirements for LP-Gas Training and Continuing
Education) shall pay the charge specified for the applicable
examination.
(E) A military service
member, military veteran, or military spouse shall be exempt from the
examination fee pursuant to the requirements in §
9.14 of this title (relating to
Military Fee Exemption). An individual who receives a military fee exemption is
not exempt from renewal, training, or continuing education fees specified in
§
9.9 of this title (relating to
Requirements for Certificate Holder Renewal, §
9.51 of this title, and §
9.52 of this title (relating to
Training and Continuing Education.
(F) Beginning September 1, 2022, 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.
(5) Time limits.
(A) An applicant shall complete the
examination within the time limit specified in this paragraph.
(i) The Category E management-level (closed
book), Bobtail employee-level (open book), and Service and Installation
employee-level (open book) examinations shall be limited to three
hours.
(ii) All other
management-level and employee-level examinations shall be limited to two
hours.
(B) The
examination proctor shall be the official timekeeper.
(C) 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.
(D) The examination proctor shall mark any
answer sheet that was not completed within the time limit.
(6) The Commission may offer employee-level
LP-Gas Transport Driver, DOT Cylinder Filling, and Motor/Mobile Fuel Dispensing
examinations in Spanish or English.
(d) This subsection specifies the
examinations offered by the Commission.
(1)
Employee-level examinations.
(A) The Bobtail
Driver examination qualifies an individual to operate a bobtail, to perform all
of the LP-gas activities authorized by the Transport Driver, DOT Cylinder
Filler, and Motor/Mobile Fuel Filler examinations, and to perform leak checks
and pressure tests, light appliances, and adjust regulators and thermocouples.
The Bobtail Driver examination does not authorize an individual to connect or
disconnect containers, except when performing a pressure test or removing a
container from service.
(B) The
Transport Driver examination qualifies an individual to operate an LP-gas
transport equipped with a container of more than 5,000 gallons water capacity,
to load and unload LP-gas, and connect and disconnect transfer hoses. The
Transport Driver examination does not authorize an individual to operate a
bobtail or to install or repair transport systems.
(C) The On-Road Motor Fuel Technician
examination qualifies an individual to install LP-gas motor fuel containers,
cylinders, and LP-gas motor fuel systems, and replace container valves on
motorized vehicles licensed to operate on public roadways. The On-Road Motor
Fuel Technician examination does not authorize an individual to fill LP-gas
motor or mobile fuel containers.
(D) The Non-Road Motor Fuel Technician
examination qualifies an individual to install LP-gas motor fuel containers,
cylinders, and LP-gas motor fuel systems, and replace container valves on
vehicles such as industrial forklift trucks and lawnmowers. The Non-Road Motor
Fuel Technician examination does not authorize an individual to fill LP-gas
motor fuel containers or cylinders.
(E) The Mobile Fuel Technician examination
qualifies an individual to install LP-gas mobile fuel containers, cylinders,
and LP-gas mobile fuel systems, and replace container valves on mobile fuel
equipment such as trailers, catering trucks, mobile kitchens, tar kettles, hot
oil units, auxiliary engines and similar equipment. The Mobile Fuel Technician
examination does not authorize an individual to fill LP-gas mobile fuel
containers or cylinders.
(F) The
DOT Cylinder Filler examination qualifies an individual to inspect, requalify,
fill, disconnect and connect cylinders, including industrial truck cylinders,
and to exchange cylinder valves. The DOT Cylinder Filler examination does not
authorize an individual to fill ASME motor or mobile fuel containers.
(G) The Recreational Vehicle Technician
examination qualifies an individual to install LP-gas motor or mobile fuel
containers, including cylinders, and to install and repair LP-gas systems and
appliances on recreational vehicles. The Recreational Vehicle Technician
examination does not authorize an individual to fill LP-gas
containers.
(H) The Service and
Installation Technician examination qualifies an individual to perform all
LP-gas activities related to stationary LP-gas systems, including LP-gas
containers, appliances, and stationary engines. The Service and Installation
Technician examination does not authorize an individual to fill containers or
operate an LP-gas transport.
(I)
The Appliance Service and Installation Technician examination qualifies an
individual to perform all LP-gas activities related to appliances, including
installing, repairing and converting appliances, installing and repairing
connectors from the appliance gas stop through the venting system, and to
perform leak checks on the new or repaired portion of an LP-gas system. The
Appliance Service and Installation Technician examination does not authorize an
individual to install a container, install or repair piping upstream of and
including the appliance gas stop, or to install, repair or adjust
regulators.
(J) The Motor/Mobile
Fuel Filler examination qualifies an individual to inspect and fill motor or
mobile fuel containers on vehicles, including recreational vehicles, cars,
trucks, and buses. The Motor/Mobile Fuel Filler examination does not authorize
an individual to fill LP-gas cylinders or ASME stationary containers.
(2) Management-level examinations.
(A) The Category A examination qualifies an
individual to assemble, repair, install, subframe, test, and sell both ASME and
DOT containers and cylinders, including motor or mobile fuel containers and
systems, and to repair and install transport and transfer systems.
(B) The Category A-1 examination qualifies an
individual to assemble, repair, install, test, and sell ASME containers,
including motor or mobile fuel containers and systems, and to repair and
install transport and transfer systems.
(C) The Category A-2 examination qualifies an
individual to assemble, repair, install, subframe, test, and sell DOT
cylinders.
(D) The Category B
examination qualifies an individual to subframe, test, and sell transport
containers; test LP-gas storage containers; install, test, and sell LP-gas
motor or mobile fuel containers and systems; and install and repair transport
systems and motor or mobile fuel systems.
(E) The Category C examination qualifies an
individual to transport LP-gas in a transport equipped with one or more
containers, load and unload LP-gas, and install and repair transport
systems.
(F) The Category D
examination qualifies an individual to sell, service, and install containers,
and to service, install, and repair piping and appliances, excluding motor fuel
containers, motor fuel systems, recreational vehicle containers, or
recreational vehicle systems.
(G)
The Category E examination qualifies an individual to store, sell, transport
and distribute LP-gas and perform all other categories of licensed activities
except the manufacture, fabrication, assembly, repair, subframing, and testing
of LP-gas containers and the sale and installation of LP-gas motor or mobile
fuel systems rated at more than 25 horsepower.
(H) The Category F examination qualifies an
individual to operate a cylinder-filling facility, including cylinder filling,
the sale of LP-gas in cylinders, and the replacement of cylinder
valves.
(I) The Category G
examination qualifies an individual to operate an LP-gas dispensing station to
fill ASME motor or mobile fuel containers.
(J) The Category H examination qualifies an
individual to transport and sell LP-gas in cylinders.
(K) The Category I examination qualifies an
individual to operate a service station as set out in Category F and
G.
(L) The Category J examination
qualifies an individual to operate a service station as set out in Category I,
transport cylinders as set out in Category H and install and connect DOT
cylinders.
(M) The Category K
examination qualifies an individual to sell and distribute LP-gas through mains
or pipes, and to install and repair LP-gas systems.
(N) The Category L examination qualifies an
individual to sell and install both LP-gas motor or mobile fuel containers and
fuel systems on engines.
(O) The
Category M examination qualifies an individual to sell, service, and install
recreational vehicle containers, and to install, repair, and service
recreational vehicle appliances, piping, and LP-gas systems, including
recreational vehicle motor or mobile fuel systems and containers.
(P) The Category N examination qualifies an
individual to service and install containers that supply fuel to manufactured
housing, and to install, repair, and service appliances and piping systems for
manufactured housing.
(Q) The
Category O examination qualifies an individual to test LP-gas containers, motor
or mobile fuel systems, transfer systems, and transport systems to determine
the safety of the containers or systems for LP-gas service, including the
necessary installation, disconnection, reconnection, testing, and repair of
LP-gas motor fuel systems or mobile fuel systems, transfer systems, and
transport systems involved in the testing of containers.
(R) The Category P examination qualifies an
individual to operate a portable cylinder exchange service where LP-gas is sold
in portable cylinders whose LP-gas capacity does not exceed 21 pounds, where
the portable cylinders are not filled on site, and where no other LP-gas
activity requiring a license is conducted.
(e) Within 15 calendar days of the date an
individual takes an examination, AFS shall notify the individual of the results
of the examination. 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. 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.
(f) Failure of
any examination shall immediately disqualify the individual from performing any
LP-gas 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 examination 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.
(g) The
Commission shall not issue a certificate to an applicant for a management-level
certificate that requires completion of a course of instruction until the
applicant completes both the required course of instruction and passes the
required management-level rules examination.
(h) An applicant for a management-level
certificate shall pass the management-level rules examination within two years
after completing a required course of instruction. An applicant who fails to
pass such an examination within two years of completing such a course shall
reapply as a new applicant.
Notes
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