Section 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.16 Tex. Admin. Code § 13.70
The provisions of this §13.70 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective October 15, 1993, 18 TexReg 6457; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 9, 2003, 28 TexReg 4416; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective October 29, 2007, 32 TexReg 7677; amended to be effective February 1, 2008, 33 TexReg 141; amended to be effective December 24, 2012, 37 TexReg 9917; Amended by Texas Register, Volume 41, Number 01, January 1, 2016, TexReg 239, eff. 1/4/2016; Amended by Texas Register, Volume 46, Number 07, February 12, 2021, TexReg 1041, eff. 2/15/2021; Amended by Texas Register, Volume 48, Number 05, February 3, 2023, TexReg 0508, eff. 2/7/2023