DAR File No. 32774

Human Services, Substance Abuse and Mental Health

R523-24-4

Provider Responsibilities

NOTICE OF PROPOSED RULE

DAR File No.: 32774
Filed: 07/01/2009, 12:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is being made to reflect current practice and intent of the division to protect personal information. This rule currently requires the use of an individual's social security number as a means of tracking persons who have completed off-premise alcohol retailer training and certification. The division has never used the complete social security number for this purpose, and the database used for storing this information has never had the capability of recording a full nine-digit number for the purpose of tracking those who have completed training and certification.

Summary of the rule or change:

This rule will require the use of the last four digits of an individual's social security number as a means of tracking persons who have completed off-premise alcohol retailer training and certification.

State statutory or constitutional authorization for this rule:

Subsection 62A-15-105(5)

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget because this rule change is technical in nature and will not change practice for division staff or require programming changes in current databases

local governments:

Local governments will have no costs or savings because they do not administer or provide off-premise alcohol retailer training and certification.

small businesses and persons other than businesses:

There will be no costs or savings to small business that provide off-premise alcohol retailer training because this rule change is technical in nature and will not require additional time, effort or documentation to comply with this mandate.

Compliance costs for affected persons:

There will be no costs or savings to any person or entity that is involved through participation or provision of off-premise alcohol retailer training and certification. This rule change is technical in nature and will not require additional time, effort or documentation to comply with the amended mandate.

Comments by the department head on the fiscal impact the rule may have on businesses:

After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2009

This rule may become effective on:

08/21/2009

Authorized by:

Mark I Payne, Director

R523. Human Services, Substance Abuse and Mental Health.

R523-24. Off Premise Retailer (Clerk, Licensee and Manager) Alcohol Training and Education Seminar Rules of Administration.

R523-24-4. Provider Responsibilities.

(1) For each person completing the seminar, the provider shall submit to the Division the name, last four digits of the person's social security number, expiration date and test results indicating pass or fail, and the required fee, within 30 days of the completion of the seminar.

(2) Each person who has completed the seminar and passed the provider-administered and Division-approved examination shall be approved as a retail employee for a period which begins at the completion of the seminar and expires five years from that date.

(3) The provider shall issue a certification card to the retail employee. The card shall contain at least the name of the retail employee and the expiration date. The provider shall be responsible for issuing any duplicates for lost cards.

 

KEY: off-premise, training, seminars

Date of Enactment or Last Substantive Amendment: [July 14, 2008]2009

Authorizing, and Implemented or Interpreted Law: 62A-15-105(5); 62A-15-401