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.

Source Note: The provisions of this §9.20 adopted to be effective July 18, 2022, 47 TexReg 4119