Current through Reg. 49, No. 12; March 22, 2024
(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 §
RSA
9.54<subdiv>(l)</subdiv> 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.