SECTION 9.17. Designation and Responsibilities of Company Representatives and Operations Supervisors

(a) Each licensee shall have at least one company representative for the license and, in the case of a licensee other than a Category P licensee, at least one operations supervisor for each outlet.

(1) A licensee maintaining one or more outlets shall file LPG Form 1 with AFS listing the physical location of the first outlet and designating the company representative for the license and LPG Form 1A designating the physical location and operations supervisor for each additional outlet.

(2) A licensee may have more than one company representative.

(3) An individual may be operations supervisor at more than one outlet provided that:

(A) each outlet has a designated LP-gas certified employee responsible for the LP-gas activities at that outlet:

(B) the certified employee's and/or operations supervisor's telephone number is posted at the outlet on a sign with lettering at least 3/4-inch high, visible and legible during normal business hours; and

(C) the certified employee and/or the operations supervisor monitors the telephone number and responds to calls during normal business hours.

(4) The company representative may also serve as operations supervisor for one or more of the licensee's outlets provided that the individual meets both the company representative and the operations supervisor requirements in this section.

(5) A licensee shall immediately notify AFS in writing upon conclusion of employment, for whatever reason, of its company representative or any operations supervisor and shall at the same time designate a replacement.

(6) A licensee shall cease all LP-gas activities if it no longer employs a qualified company representative who complies with the Commission's requirements. A licensee shall not resume LP-gas activities until such time as it has a properly qualified company representative or it has been granted a conditional qualification as specified in subsection (e) of this section.

(7) A licensee shall cease LP-gas activities at an outlet if it no longer employs a qualified operations supervisor at that outlet who complies with the Commission's requirements. A licensee shall not resume LP-gas activities at that outlet until such time as it has a properly qualified operations supervisor or it has been granted a conditional qualification as specified in subsection (e) of this section.

(b) Company representative. A company representative shall:

(1) be an owner or employee of the licensed entity, in the case of a licensee other than a Category P licensee;

(2) be the licensee's principal individual in authority and, in the case of a licensee other than a Category P licensee, be responsible for actively supervising all LP-gas activities conducted by the licensee, including all appliance, container, portable cylinder, product, and system activities;

(3) have a working knowledge of the licensee's LP-gas activities to ensure compliance with the rules in this chapter and the Commission's administrative requirements;

(4) pass the appropriate management-level rules examination, or, in the case of an applicant for a Category D license, obtain an exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption);

(5) complete any required training and/or continuing education required 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);

(6) comply with the work experience or training requirements in subsection (e) of this section, if applicable;

(7) be directly responsible for all employees performing their assigned LP-gas activities, unless an operations supervisor is fulfilling this requirement; and

(8) submit any additional information as deemed necessary by AFS.

(c) Operations supervisors. An operations supervisor, in the case of a licensee other than a Category P licensee, shall:

(1) be an owner or employee of the licensee;

(2) pass the applicable management-level rules examination or, in the case of a Category D license only, obtain an exemption as specified in §9.13 of this title;

(3) complete any required training and/or continuing education required in §9.51 and §9.52 of this title; and

(4) be directly responsible for actively supervising the LP-gas activities of the licensee at the designated outlet.

(d) Category P licensees.

(1) The company representative requirement for a Category P licensee may be satisfied by employing a Category E or J company representative if the Category E or J company representative is authorized by the Category P licensee to remove any employee who does not comply with the rules in this chapter or who performs unsafe LP-gas activities.

(2) In lieu of an operations supervisor requirement for a Category P license, the Category E or J licensee providing the Category P licensee with portable cylinders for exchange shall be required to:

(A) prepare a manual containing, at a minimum, the following:

(i) a description of the basic characteristics and properties of LP-gas;

(ii) an explanation of the various parts of an LP-gas cylinder, including what the purpose of each part is and how to operate the cylinder valve;

(iii) complete instructions on how to properly transport cylinders in vehicles;

(iv) prohibition against moving or installing cylinder cages at any store location;

(v) a prohibition against taking or storing inside a building any cylinders that have or have had LP-gas in them;

(vi) a requirement that all cylinders containing LP-gas be stored in a manner so that the relief valve is in the vapor space of the cylinder;

(vii) a requirement that the employees who handle the cylinders know the location within the store of the manual and know the contents of the manual;

(viii) instructions related to any potential hazards that may be specific to a location, including but not limited to the proper distancing of cylinders from combustible materials and sources of ignition;

(ix) detailed emergency procedures regarding a leaking cylinder, including all applicable emergency contact numbers;

(x) a requirement that any accidents be reported to the Category E or J licensee who prepares the manual, and detailed procedures for reporting any accidents;

(xi) all Commission rules applicable to the Category P license, including the requirement that the Category P licensee is responsible for complying with all such rules;

(xii) all provisions of Subchapter H ("Enforcement") of Chapter 113 of the Texas Natural Resources Code;

(xiii) a detailed description of the training provided to each employee of the Category P licensee who may be engaged in any activities covered by the Category P license; and

(xiv) a page for the signatures, printed names and dates of training for each individual trained at each outlet on this manual.

(B) provide a manual in print or electronic format at each outlet or location of the Category P licensee; and

(C) provide training as to the contents of the manual to each employee who may be engaged in any activities covered by the Category P license at all outlets or locations of the Category P licensee and maintain records regarding the employees of the Category P licensee who have been trained.

(3) The Category P licensee shall:

(A) ensure that each employee who is involved with the activities covered by the Category P license is knowledgeable about the contents of the manual and has signed and dated the signature page of the manual; and

(B) ensure that each such employee is aware of the location of the manual and can show the manual to employees of the Commission upon request.

(e) Work experience substitution for Category E, F, G, I, and J.

(1) The AFS director may, upon written request, allow a conditional qualification for a Category E, F, G, I, or J company representative or operations supervisor who passes the applicable management-level rules examination provided that the individual attends and successfully completes the next available Category E, F, G, I, or J management-level training course, or a subsequent Category E, F, G, I, or J management-level training course agreed on by the AFS director and the applicant.

(A) The written request shall include a description of the individual's LP-gas experience and other related information in order that the AFS director may properly evaluate the request.

(B) Applicants for company representative or operations supervisor who have less than three years' experience or experience which is not applicable to the category for which the individual is applying shall not be granted a conditional qualification and shall comply with the training requirements in §9.52 of this title prior to AFS issuing a certificate.

(2) If the individual fails to complete the training requirements within the time granted by the AFS director, the conditional qualification shall immediately be voided and the individual shall immediately cease all LP-gas activities granted by the conditional qualification.

Source Note: The provisions of this §9.17 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127