DAR File No. 42292

Alcoholic Beverage Control, Administration

Section R81-1-12A

Department Training Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 42292
Filed: 11/01/2017 04:31:24 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is necessary to implement H.B. 442 passed in the 2017 General Session. This proposed rule amendment develops and implements the retail and violation training programs described in Section 32B-5-405. This rule is required by Subsection 32B-5-405(3).

Summary of the rule or change:

This rule amendment establishes the following: requirements for training, measures to identify participants, testing to measure engagement of the participants, certificates for participants as a record for participants and license holders, and a $25/per person fee.

Statutory or constitutional authorization for this rule:

• Section 32B-2-202

Anticipated cost or savings to:

the state budget:

None--Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017), which requires the Department of Alcohol Beverage Control (Department) to develop training programs for all managers and some businesses with violations. Costs and savings for administering this program and collecting the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process.

local governments:

None--Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings to local governments were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process.

small businesses:

None--Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings for small businesses participating in this program, including the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process.

persons other than small businesses, businesses, or local governmental entities:

None--Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process.

Compliance costs for affected persons:

None--Any compliance cost for on-and off-premise applicants and licensees are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings for these businesses participating in this program, including the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process.

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

None--Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017), which requires the Department to develop training programs for all managers and some businesses with violations. Costs and savings for businesses participating in this program, including the $25/per person fee were calculated as part of the fiscal note. This rule change does not create any additional cost or savings beyond what was anticipated during the legislative process.

Salvador D. Petilos, Executive Director

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

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY, UT 84104-1630

Direct questions regarding this rule to:

• Vickie Ashby at the above address, by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at [email protected]
• Nina McDermott at the above address, by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at [email protected]

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:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Salvador D. Petilos, Exeuctive Director

R81. Alcoholic Beverage Control, Administration.

R81-1. Scope, Definitions, and General Provisions.

R81-1-12A. Department Training Programs.

(1) Authority and general purpose. This rule is pursuant to 32B-5-405(3) which requires that the department to make rules to develop and implement the retail manager and violation training programs described in 32B-5-405.

(2) Application of the rule.

(a) The requirements for the retail manager and violation training programs described in 32B-5-405.

(b) The department shall accurately identify each individual who takes and completes a training program by maintaining a database in which individual are identified by the last four digits of their social security number.

(c) The department will administer a test to ensure an individual taking a training program is focused and actively
engaged in the training material throughout the training program.

(d) The department shall issue a certification card to each individual has completed a training program. Each licensee shall keep a copy of the card on the licensed premise for each individual required to complete the training program.

(e) a fee of $25 will be charged to each individual for participation in a training program to cover the department's cost of providing the training program.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: [June 24, 2015]2017

Notice of Continuation: May 2, 2016

Authorizing, and Implemented or Interpreted Law: 32B-2-201(10); 32B-2-202; 32B-2-204; 32B-2-206; 32B-3-203(3)(c); 32B-3-205(2)(b); 32B-5-304; 32B-1-305; 32B-1-306; 32B-1-307; 32B-1-607; 32B-1-304(1)(a); 32B-6-702; 32B-6-805(3); 32B-9-204(4); 32B-4-414(1)(b) and (c)