16 Tex. Admin. Code § 9.20 - Dispenser Operations Certificate Exemption
An individual may perform work and directly supervise LP-gas activities requiring contact with LP-gas if the individual is granted the Dispenser Operations Certificate Exemption. The exemption may be obtained by completing the Dispensing Propane Safely course, including examination, and complying with paragraph (1) of this section or by completing a PERC-based training course and examination in accordance with paragraph (2) of this section.
(1) Dispenser Operations
Certificate Exemption through PERC.
(A) To be
granted a Dispenser Operations Certificate Exemption through PERC, the
applicant shall:
(i) submit a properly
completed LPG Form 16P;
(ii) submit
a legible copy of the PERC certificate of completion, which shall:
(I) indicate that the Dispensing Propane
Safely course has been completed, including a copy of the transcript listing
the examinations completed;
(II) be
issued to the individual listed on LPG Form 16P; and
(III) have a completion date after July 18,
2022, and within six months of the date the LPG Form 16P is
submitted;
(iii) submit
a legible copy of a state-issued identification card or driver's license,
including a photo; and
(iv) pay a
$40 registration fee.
(B) AFS will review the application to verify
all requirements have been met.
(i) If errors
are found or information is missing on the application or other documents, AFS
shall notify the applicant of the deficiencies in writing.
(ii) The applicant must respond with the
required information and/or documentation within 30 days of the written notice.
Failure to respond by the deadline will result in withdrawal of the
application.
(iii) If all
requirements have been met, the individual will become a DOT cylinder filler
and motor/mobile fuel filler certificate holder as addressed in §
9.10(d)(1)(F) and (d)(1)(J)
of this title, respectively, (relating to
Rules Examination) and AFS shall send a certificate to the licensee.
(2) Dispenser
Operations Certificate Exemption through a PERC-based course.
(A) Any individual who completes an approved
PERC-based course will be granted a Dispenser Operations Certificate Exemption
provided the report required in §
9.55(h) of this
title (relating to PERC-Based Training) is submitted. The course shall include
training and examination. If all requirements have been met, the individual
will become a DOT cylinder filler and motor/mobile fuel filler certificate
holder as addressed in §
9.10(d)(1)(F) and (d)(1)(J)
of this title, respectively, and AFS shall
send a certificate to the licensee listed on the report.
(B) AFS may refuse to issue or renew a
certificate for an individual who presents for credit an unapproved course; a
course from an unapproved company; or a course using unapproved, incomplete, or
incorrect materials.
(3)
The Dispenser Operations Certificate Exemption does not become effective until
the certificate is issued by AFS.
(4) Certificate holders issued a Dispenser
Operations Certificate exemption shall comply with the rules in this chapter,
including the following rules:
(A)
§
9.135 of this title (relating to
Unsafe or Unapproved Containers, Cylinders, or Piping);
(B)
§
9.136 of this title (relating to
Filling of DOT Containers);
(C)
§
9.137 of this title (relating to
Inspection of Cylinders at Each Filling);
(D)
§
9.141(d) and (g)
of this title (relating to Uniform Safety Requirements); and
(E) the entry for NFPA 58 §7.4.3.1 in
the Figure in §
9.403 of this title (relating to
Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or
Additional Requirements).
(5) The certificate accrues to the individual
and is nontransferable. 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.
(6) Each individual shall:
(A) comply with all applicable continuing
education requirements in §
9.51 and §
9.52 of this title (relating to
General Requirements for LP-Gas Training and Continuing Education, and Training
and Continuing Education, respectively);
(B) comply with renewal requirements in
§
9.9 of this title (relating to
Requirements for Certificate Holder Renewal); and
(C) be employed by a licensee or a
license-exempt entity in accordance with §
9.7 of this title (relating to
Application for Licenses, Manufacturer Registrations, and Renewals.
(7) Failure to comply with the
renewal requirements in §
9.9 of this title shall result in
the expiration of the certificate. If an individual's exemption has been
expired for more than two years, that individual shall complete all
requirements necessary to apply for a new certificate.
(8) A military service member, military
veteran, or military spouse shall be exempt from the original registration 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 fees specified in §
9.9 of this title.
Notes
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