Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,831
7777-8060 p. ; 28 cm.View a full description of this periodical.
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(C) 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.
(D) The examination proctor shall mark any answer
sheet that was not completed within the time limit.
(b) - (e) (No change.)
13.73. Employee Transfers.
A licensee, an ultimate consumer, or a state agency, county, munici-
pality, school district, or other governmental subdivision shall notify
AFRED when a previously certified person is hired, by filing CNG
Form 1016A along with a $10 filing fee. Notification must include the
employee's name as recorded on a current driver's license or Texas De-
partment of Public Safety identification card, employee social security
number, name of previous and new licensee-employer, and types of
CNG work to be performed by the newly-hired certified employee. A
state agency, county, municipality, school district, or other governmen-
tal subdivision is exempt from this subsection if such entity chooses not
to certify its employees who perform CNG activities.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 22,
2007.
TRD-200705069
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: December 2, 2007
For further information, please call: (512) 475-1295
CHAPTER 14. REGULATIONS FOR
LIQUEFIED NATURAL GAS (LNG)
SUBCHAPTER A. GENERAL APPLICABILITY
AND REQUIREMENTS
16 TAC 14.2019, 14.2020
The Railroad Commission of Texas proposes amendments to
14.2019 and 14.2020, relating to Certification Requirements,
and Employee Transfers.
The Commission proposes the amendments to establish reason-
able time limits for qualifying examinations and to extend to ulti-
mate consumers and public entities that hire previously certified
individuals the same rules that apply to LNG licensees that hire
previously certified individuals. The Commission proposes an
effective date of February 1, 2008, for these amendments.
In 14.2019(a), the Commission proposes new paragraph (6).
Proposed new paragraph (6) concerns time limits for examina-
tions. The time limits, proposed to begin June 1, 2008, would
require an applicant to complete a qualifying examination within
two or three hours, depending on the length of the examination,
from the time the examination begins. The examination proctor
is proposed to be the official timekeeper. Examinees would be
required to turn in their examinations and answer sheets before
or at the end of the established time limit for the examination.
The proctor would mark any answer sheet that was not com-
pleted within the time limit.The proposed time limits would not affect the open- or closed-
book status of qualifying examinations. Management-level ex-
aminations are currently closed book, and would remain so un-
der the current proposal. Employee-level examinations are cur-
rently open book, and would remain so under the current pro-
posal.
A three-hour time limit is proposed for the open-book em-
ployee-level LNG Delivery Truck Driver examination and for
the closed-book management-level Category 35 Retail and
Wholesale Dealers examination, which currently have 80 ques-
tions and 135 questions, respectively. A two-hour time limit is
proposed for all other LNG examinations, which currently have
from 40 to 60 questions (employee-level, open book) or 75 to
85 questions (management-level, closed book).
The Commission proposes these time limits for reasons of ef-
ficiency. The Commission must be able to plan and budget for
the activities and expenses associated with the examination pro-
gram.
The Commission considers the proposed time limits reasonable.
Qualifying examinations vary in length according to the num-
ber and complexity of the LNG activities they authorize the ex-
aminee to perform. The three-hour time limit proposed for the
open-book employee-level LNG Delivery Truck Driver examina-
tion and for the closed-book management-level Category 35 Re-
tail and Wholesale Dealers examination would allow 2 1/4 min-
utes and 1 1/3 minutes per question, respectively. The two-hour
time limit proposed for all other examinations would allow 2 min-
utes per question for a 60-question examination and 3 minutes
per question for a 40-question examination.
In 14.2020, the Commission proposes to add wording to re-
quire an ultimate consumer and a state agency, county, munici-
pality, school district, or other governmental subdivision to notify
AFRED when a previously certified individual is hired. Other new
wording exempts a state agency, county, municipality, school
district, or other governmental subdivision from this requirement
if such entity chooses not to certify its employees who perform
LNG activities. The Commission adds this wording to conform
its transfer-notification requirements for ultimate consumers and
for public entities that elect to certify their employees to the trans-
fer-notification requirements for licensees. Under the rule as pro-
posed, the Commission will be informed of LNG certified individ-
uals' affiliations and be able to send renewal notices and other
communications to the individual's correct work address, regard-
less whether he or she is employed by a licensee, an ultimate
consumer, or a public entity that elects to certify its employees.
Dan Kelly, director, Alternative Fuels Research and Education
Division, has determined that for each of the first five years the
proposed amendments will be in effect there will be fiscal im-
plications for state government. The changes in 14.2019 will
affect the Commission by allowing training staff to better plan
out-of-town travel and to avoid unexpected delays and costs due
to examinations taking longer than planned. There may be fis-
cal implications for local governments with regard to the changes
proposed in 14.2020 depending on whether such entities hire
previously certified individuals.
Mr. Kelly has also determined that for each year of the first five
years the amendments will be in effect the public benefit antici-
pated as a result of enforcing the amendments will be improve-
ment in the efficiency of operation of the Commission's LNG
qualifying examination program.PROPOSED RULES November 2, 2007 32 TexReg 7831
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/53/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.