SECTION 420:10-1-13. Responsible employees and managers who shall be required to have technical qualifications and manager's permits

(a)   Class X requirements. A qualified manager possessing a Class X permit shall be required to actively supervise the LP Gas related sales and/or service being offered to the public at each separate branch or base of operation of a Class I permit holder which is operated as a relatively independent operation free from the day to day immediate supervision and control of the holder of the Class I permit, or the manager of a non-personal Class I permit holder. A Class X manager shall be considered to be actively supervising if such a manager is employed by the Class I permit holder to be the responsible party for the day to day immediate supervision of no more than two (2) separate branches or bases of operation, including training and oversight of employees, and is readily available to address daily operational needs and unforeseen events and emergencies. If the Administrator approves a request to operate LP gas related sales and/or services offered to the public without the active supervision of a Class X manager, then such request shall be subject to future review by the Administrator in his or her sole discretion. In determining whether such a separate branch or base of operation exists, the Administrator shall consider the following:

(1)   The distance of the LP Gas related sales and/or service being provided from the location of the main or central base of operation. In any case where a truck is stationed twenty-five (25) miles or more away from the direct supervision of a Class X managed operation, then the burden of proof is on the Class I permit holder to prove that it is not a separate branch or base of operation and meets all the requirements of the Oklahoma Rules and Regulations.

(2)   The type and kind of LP Gas related sales and/or service offered to the public. Sales and/or service to residential customers and public buildings is considered to require more supervision than sales and/or service to industrial, agricultural and motor fuel customers;

(3)   Any and all other pertinent information which indicates that a separate branch or base of operation exists.

(b)   Exception hearing. After a determination has been made by the Board, the Class I permit holder shall be notified of the Board's determination in writing. The Class I permit holder shall then have ten (10) days thereafter to request in writing a hearing before the Board for the purpose of presenting any facts and circumstances which would indicate that a Class X permit holder is not required where the separate LP Gas related sales and/or service is offered. Failure to request such a hearing from the Board by the Class I permit holder shall constitute acquiescence in the Board's determination. If the Board determines that a Class X is needed at the separate branch or base of operation then the Class I permit holder has 120 days or until the next Board meeting to secure a Class X permit holder.

(c)   Class X cancellations. Class X permits are immediately and without notice canceled when a holder thereof leaves the employment of a Class I permit holder. The Class X permit holder must notify the Board within ninety (90) days of their intent to place the Class X permit on inactive status. The inactive Class X permit holder must attend the required safety seminar and pay the annual permit renewal. Thereafter, the inactive Class X holder can make application to the Board for issuance of an active Class X permit, upon proof of full-time employment by a Class I permit holder and with Board approval.

[Source: Amended at 10 Ok Reg 4081, eff 7-26-93; Amended at 11 Ok Reg 3853, eff 7-11-94; Amended at 14 Ok Reg 3175, eff 7-25-97; Amended at 34 Ok Reg 1758, eff 9-11-17]