SECTION 9.55. PERC-Based Training

(a) General. AFS may award training and certification or continuing education credit to DOT cylinder filling or motor/mobile fuel filler employee-level applicants and certificate holders for PERC-based courses administered by an approved company provided the company complies with the requirements of this section.

(1) The PERC-based course shall be consistent with the guidelines established by the PERC Dispensing Propane Safely course.

(2) The PERC-based materials may consist of recorded video materials approved under this section.

(3) An LP-gas licensee may offer courses to its own employees provided that the PERC-based course complies with the requirements of this section.

(4) All PERC-based course curriculum and course materials shall:

(A) meet the requirements of subsection (c) of this section;

(B) be submitted to AFS for review; and

(C) be organized and easily readable.

(b) Application process. Companies seeking to administer a PERC-based course shall submit to AFS:

(1) the PERC-Based Training Application;

(2) a non-refundable $300 registration fee;

(3) the following for the PERC-based course to be administered:

(A) a description of the course;

(B) the course curriculum, consistent with the requirements of subsection (c) of this section;

(C) course examination materials; and

(D) links to or digital copies of any videos included in the course curriculum or examination materials; and

(4) any other information required by this section.

(c) Curriculum standards. The course curriculum must be consistent with the guidelines established by the PERC Dispensing Propane Safely course and shall also include training on the requirements listed in §9.20(4) of this title (relating to Dispenser Operations Certificate Exemption).

(d) AFS review. AFS shall review the application for PERC-based training approval and, within 14 business days of the date AFS receives the application, shall notify the applicant in writing that the application is approved, denied, or incomplete.

(1) Approved applications. AFS shall notify the applicant in writing if the application is approved and the applicant may then begin offering courses.

(2) Denied applications. If an application is denied, AFS' notice of denial shall identify the reason the application does not meet the requirements of subsections (a) - (c) of this section.

(3) Incomplete applications.

(A) If an application is incomplete, AFS' notice of deficiency shall identify the necessary additional information, including any deficiencies in course curriculum or materials.

(B) The applicant shall file the necessary additional information within 30 calendar days of the date of AFS' notice of deficiency.

(C) The applicant's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the application and the necessity of the applicant again paying the non-refundable $300 registration fee for each subsequent filing of an application.

(e) Revision of course materials. PERC-based courses must be administered using the materials submitted to and approved by AFS. Revisions to any course materials previously approved by AFS shall be submitted in writing, along with a nonrefundable $100 review fee to AFS.

(1) The nonrefundable $100 review fee shall be waived if the course materials are revised as a result of changes made by PERC to its Dispensing Propane Safely course or examination materials or changes adopted to the rules in this chapter.

(2) Revised PERC-based course materials shall not be used in a course until the materials received written AFS approval.

(3) AFS shall review the revised course materials and, within 14 business days, shall notify the company in writing that the revised course materials are approved or not approved.

(4) If the revised course materials are not approved:

(A) AFS' notice shall identify the portion or portions that are not approved and/or shall describe any deficiencies in the revised course materials.

(B) The approved company shall file any necessary additional information within 30 calendar days of the date of AFS' notice.

(C) The company's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the request for approval of revised course materials and the necessity of again paying the $100 review fee for each subsequent filing of revised course materials.

(5) Once approved, the revised course materials may be used in the PERC-based course.

(f) PERC-based training additional responsibilities.

(1) Those administering PERC-based courses are responsible for every aspect of the courses they administer, including the location, schedule, date, time, duration, content, material, demeanor and conduct of an in-person instructor, if applicable, and reporting of attendance information.

(2) AFS may monitor or supervise any PERC-based course or exam.

(g) Complaints. Complaints regarding PERC-based courses shall be made to AFS in accordance with the process specified in §9.54(l) of this title (relating to Commission-Approved Outside Instructors).

(h) Completed courses.

(1) Within ten business days of the conclusion of a course, the approved company administering the course shall report to AFS the following information:

(A) the company's name and license number, if applicable;

(B) list of the persons completing the course, including the following information for each individual listed:

(i) full name,

(ii) last four digits of the person's social security number or RRC identification number;

(iii) the date the course was completed;

(iv) personal mailing address;

(v) the individual's employer; and

(vi) the individual's employer's license number if the course was administered by an approved company that is not the individual's employer.

(2) The report shall be made electronically.

(3) The company shall ensure that AFS receives the report by securing written acknowledgment of its receipt by AFS.

(4) A $40 registration fee shall be submitted for each individual listed in paragraph (1)(B) of this subsection.

Source Note: The provisions of this §9.55 adopted to be effective July 18, 2022, 47 TexReg 4119