Current through Reg. 49, No. 12; March 22, 2024
(a) AFS may accept the examination
requirements for LP-gas transport drivers from other states provided that the
qualifying state has entered into a reciprocal agreement with Texas as
specified in this section.
(b) A
state that is interested in a reciprocal agreement with Texas shall provide a
copy of its examination used to qualify transport drivers to AFS. AFS shall
provide a copy of the Texas examination to the other state's LP-gas authority.
The states shall review the materials to ensure that they contain substantially
equivalent requirements. If each state accepts the requirements of the other
state, both states shall sign the reciprocal agreement.
(1) The reciprocal agreement shall be in the
form of a letter on the official letterhead of the state requesting the
reciprocal agreement. The letter shall be signed and dated by an official
representative of the LP-gas authority in both states. For Texas, the official
representative shall be the AFS director.
(2) The reciprocal agreement shall remain in
effect until either state requests a change and may be terminated by either
state at any time.
(3) If either
state revises its examination or related requirements, it shall immediately
notify the other state by submitting the revised examination or related
requirements.
(4) AFS shall
maintain a current list of all states participating in reciprocal agreements, a
list of participating states' applicable fees, and a list of all individuals
who have received a reciprocal examination exemption.
(5) Copies of examinations from other
participating states are subject to or excepted from required disclosure in
accordance with Chapter 552 of the Government Code.
(c) Individuals who apply for a reciprocal
examination exemption shall pay the applicable fees required by each state in
exchange for exemption from examination requirements.
(1) Individuals from other participating
states shall remit to AFS:
(A) the
nonrefundable employee-level rules examination fee; and
(B) the annual certificate renewal fee
specified in §
RSA
9.10 and §
RSA
9.9 of this title (relating to Rules
Examination, and Requirements for Certificate Holder Renewal,
respectively).
(2)
Individuals from Texas who apply for a reciprocal examination exemption in
other states shall pay to the other state any fees specified by that
state.
(d) Applicants
for a reciprocal examination exemption shall provide the following information
to AFS to verify that they are properly and currently certified in their state:
(1) a state-issued certification card,
license, letter, or similar document which shall clearly show a valid date and
an indication that the individual passed the examination. Maintaining valid
certification in the other state is required for continuing reciprocity in
Texas;
(2) a completed LPG Form
16R. Applicants from other states shall provide their Social Security numbers
to AFS for purposes of record-keeping and to comply with the requirements in
Texas Family Code Annotated §231.302(c) (Vernon 1996), which mandates
disclosure of Social Security numbers by applicants to assist in the
administration of laws relating to child support. Social Security numbers are
subject to or excepted from disclosure to the public in accordance with Texas
Government Code, Chapter 552; and
(3) a copy of the applicant's valid driver's
license.
(e)
Individuals from other states who apply for a reciprocal examination exemption
from Texas either shall be employed by a company that is properly and currently
licensed in Texas or shall themselves fulfill all other licensing requirements
in the rules in this chapter.
(f)
Individuals who obtain reciprocal examination exemptions are liable under the
laws and rules of the state in which they perform the LP-gas activities.
(1) Each state shall be responsible for its
own enforcement actions against individuals with reciprocal examination
exemptions.
(2) If a participating
state has an enforcement action against an individual with a reciprocal
examination exemption, that state shall inform the other state within 14
calendar days of initiating the action.
(3) A state may suspend, revoke, or deny a
reciprocity renewal or an individual's reciprocal examination exemption, as
specified in §
RSA
9.16 of this title (relating to Hearings for
Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or
Certificates) and shall notify the other state and all individuals holding the
reciprocal examination exemption within 14 calendar days of such suspension,
revocation, or denial.
(g) AFS may issue reciprocal examination
exemptions only for LP-gas transport driver examinations. For purposes of
reciprocal agreements, a "transport" is defined as a cargo tank motor vehicle
of more than 5,000 gallons water capacity.