File No. 35223
This rule was published in the October 1, 2011, issue (Vol. 2011, No. 19) of the Utah State Bulletin.
Human Services, Substance Abuse and Mental Health
On-Premise Alcohol Training and Education Seminar Rules of Administration
Notice of Proposed Rule
DAR File No.: 35223
Filed: 09/06/2011 09:44:14 AM
Purpose of the rule or reason for the change:
The purpose of this amendment is to add fraud prevention measures for the providers.
Summary of the rule or change:
The division has received input regarding the potential for fraud in the On-Premise Retailer Training and Seminar certification process. As a result, the division has sought out input from a steering committee and is now amending this rule to include requirements for fraud prevention measures.
State statutory or constitutional authorization for this rule:
- Section 62A-15-401
- Subsection 62A-15-105(5)
- Section 63G-4-203
Anticipated cost or savings to:
the state budget:
There will not be any cost or savings to state budget. This is because the fraud prevention measures being added to the rule on impact those who conduct the trainings. The state agencies do not conduct the trainings, therefore, no state agency will incur a cost.
There will be minimal cost to local governments for them to program some changes into their trainings. It is anticipated that these minimal costs will be passed to the customer in the form of a minimally increased cost to take the classes.
There will be minimal cost to small businesses for them to program some changes into their trainings. It is anticipated that these minimal costs will be passed to the customer in the form of a minimally increased cost to take the classes.
persons other than small businesses, businesses, or local governmental entities:
There will be minimal cost to other persons for them to program some changes into their trainings. It is anticipated that these minimal costs will be passed to the customer in the form of a minimally increased cost to take the classes.
Compliance costs for affected persons:
There will be minimal cost to affected persons for them to program some changes into their trainings. It is anticipated that these minimal costs will be passed to the customer in the form of a minimally increased cost to take the classes.
Comments by the department head on the fiscal impact the rule may have on businesses:
The change to this rule will have a minimal fiscal impact on businesses that will ultimately be passed to the customer. The benefits of the change to increase fraud prevention outweigh any minimal costs that will be incurred.
Palmer DePaulis, 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
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org
- L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Lana Stohl, Director
R523. Human Services, Substance Abuse and Mental Health.
R523-23. On-Premise Alcohol Training and Education Seminar Rules of Administration.
R523-23-4. 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 server for a period which begins at the completion of the seminar and expires three years from this date. Recertification requires the server to complete a new seminar every three years.
(3) The provider shall issue a
certification card to the server. The card shall contain at least
the name of the server and the expiration date. The provider shall
be responsible for issuing any duplicates [
f]or lost cards.
R523-23-6. Division Responsibilities.
The Division shall maintain the [
list] of servers who have completed the seminar[
and make this information available to the public for
R523-23-7. Approved Curriculum.
(1) Each provider must have a curriculum
approved by the Division. This curriculum must provide at least
three hours of [
classroom] instruction both for original
certification and for any and all recertifications. The contents of
an approved curriculum shall include the following components:
(a) Alcohol as a drug and its effect on the body and behavior:
(i) facts about alcohol;
(ii) what alcohol is; and
(iii) alcohol's path through the body.
(b) Factors influencing the effect of alcohol including:
(i) food and digestive factors;
(ii) weight, physical fitness and gender factors;
(iii) psychological factors;
(iv) tolerance; and
(v) alcohol used in combination with other drugs.
(c) Recognizing drinking levels:
(i) explanation of behavioral signs and indications of impairment;
(ii) classification of behavioral signs; and
(iii) defining intoxication.
(d) Recognizing the problem drinker and techniques for servers to help control consumption:
(i) use of classification system;
(ii) use of alcohol facts;
(iii) continuity of service; and
(iv) drink counting.
(e) Overview of state alcohol laws:
(i) Utah liquor distribution and control;
(ii) legal age;
(iii) prohibited sales;
(iv) third party liability and the Dram Shop Law;
(v) legal definition of intoxication; and
(vi) legal responsibilities of servers.
(f) Techniques for dealing with the problem customer including rehearsal and practice of these techniques.
(g) Intervention techniques:
(i) slowing down service;
(ii) offering food or nonalcoholic beverages;
(iii) serving water with drinks;
(iv) not encouraging reorders; and
(v) cutting off service.
(h) Establishing house rules for regulating alcoholic beverages:
(i) management and co-workers' support; and
(ii) dealing with minors; and
(i) Alternative means of transportation and getting the customer home safely:
(i) ask customer to arrange alternative transportation;
(ii) call a taxi [
f]or transportation service;
(iii) accommodations for the night; and
(iv) telephone the police.
R523-23-9. Alcohol Training and Education Seminar Provider Standards.
(1) The Division may certify an applicant who has a program course that:
(a) does not have a history of liquor law violations or any convictions showing disregard for laws related to being a responsible liquor provider;
(b) identifies all program instructors and instructor trainers and certifies in writing that they have been trained to present the course material and that they have not been convicted of a felony or of any violation of the laws or ordinances concerning alcoholic beverages, within the last five years;
(c) agrees to notify the Division in writing of any changes in instructors and submit the assurances called for in Subsection R523-23-9(1)(b) for all new instructors;
(d) can show adequate facilities, instructional equipment
and materials, personnel, and financial resources to provide a
successful program for the length of time the license is in effect;
e]) will establish and maintain course completion
(2) All online training courses shall be provided on a secure website.
R523-23-10. Grounds [
F]or Denial, Corrective Action, Suspension, and Revocation.
(1) The Division may deny, suspend or revoke certification if:
(a) the provider or applicant violates these rules, as provided in Section 62A-15-401; or
(b) the applicant fails to correctly complete all required steps of the application process as determined by these rules or other rules or statutes referenced in these rules; or
(c) a provider whose certification has been previously denied, suspended or revoked has reapplied without taking the previously required corrective action.
R523-23-13. Procedure for Denial, Suspension, or Revocation.
(1) If the Division has grounds for action under these rules, referenced rules, or as required by law, and intends to deny, suspend or revoke certification of a provider, the steps governing the action are as follows:
(a) The Division shall notify the applicant or provider by personal service or by certified mail, return receipt requested, of the action to be taken. The notice shall contain reasons for the action, to include all statutory or rule violations, and a date when the action shall become effective.
(b) The provider may request an informal hearing with the Director within ten calendar days. The request shall be in writing. Within ten days following the close of the hearing, the Director shall inform the provider or applicant in writing as required under Section 63G-4-203. The provider may appeal to the Department of Human Services Office of Administrative Hearing as provided for under Section 63G-4-203.
KEY: substance abuse, server training
Date of Enactment or Last Substantive Amendment: [
September 10, 2009
Notice of Continuation: June 22, 2007
Authorizing, and Implemented or Interpreted Law: 62A-15-105(5); 62A-15-401
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20111001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org; L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at email@example.com.