Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Search]
[Utah Administrative Code Table of Contents]
[Title R544. Table of Contents]
R544-5-1 Authority, Intent, and Scope.
A. These rules are adopted under the authority of Sections 62A-8-402[Ed.Note: Apparent Utah Code Ref. not found.] and 62A-8-403[Ed.Note: Apparent Utah Code Ref. not found.] authorizing the Division of Substance Abuse administer the Alcohol Training and Education Seminar.
B. The intent of statute and rules is to require every person to complete the Seminar who sells or furnishes alcoholic beverages to the public for on premise consumption in the scope of the person's employment.
C. These rules include:
1. certification of providers;
2. approval of the Seminar curriculum;
3. the ongoing activities of providers;
4. the process for approval, denial, suspension and revocation of provider certification.
R544-5-2 Definitions.
A. "Approved Curriculum" means a provider's curriculum which has has been approved by the Division or by these rules.
B. "Certification" means written approval from the Division of Substance Abuse stating a person has met the requirements to become a provider.
C. "Director" means the Director of the Division of Substance Abuse.
D. "Division" means the Division of Substance Abuse.
E. "Instructor" means a person who a provider has stated in writing has been trained to present the Seminar.
F. "On-premise consumption" means the consumption of alcoholic products by a person within any building, enclosure, room, or designated area which has been legally licensed to allow consumption of alcohol.
G. "Provider" means any person permitted by the Division to establish and administer an Alcohol Training and Education Seminar.
H. "Seminar" means the Alcohol Training and Education Seminar.
R544-5-3 Provider Certification Application Procedure.
A. A provider seeking first-time certification shall make application to the Division at least 30 days prior to the first scheduled seminar date. A provider seeking recertification to administer the seminar shall make application to the Division at least 30 days prior to expiration of the current certification.
B. Any seminar conducted by a noncertified provider is void and shall not meet the server training requirements authorized under Sections 62A-8-402[Ed.Note: Apparent Utah Code Ref. not found.] and 62A-8-403.[Ed.Note: Apparent Utah Code Ref. not found.]
C. All application forms shall be reviewed by the Division. The Division shall determine if the application is complete and in compliance with Section 62A-8-402[Ed.Note: Apparent Utah Code Ref. not found.] and these rules. If the Division approves the application, the curriculum and determines the provider has met all other requirements, the Division shall certify the provider.
D. Within 30 days after the approval committee has taken action, the Division shall officially notify the applicant of the action taken: denial, approval, or request for further information. Notification of the action taken shall be forwarded in writing to the applicant.
R544-5-4 Provider Responsibilities.
A. For each person completing the seminar, the provider shall submit to the Division the name, 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.
B. 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.
C. 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 for lost cards.
D. If a provider certifies servers outside of Utah the provider shall also make available and administer the Utah alcohol laws portion of the examination to any server entering this state. The provider shall administer the examination upon request of the server. No server may be certified beyond the original three-year expiration date on the certification card without completing a new seminar.
R544-5-5 Server Responsibilities.
A server who has completed the seminar in another state by a provider who is certified in Utah shall not be required to complete the seminar if the current certification is in force. A server is required within six months of employment to pass the portion of the examination which applies to Utah alcohol laws.
R544-5-6 Division Responsibilities.
The Division shall maintain the list of servers who have completed the seminar and provide this information to licensing agencies and licensees.
R544-5-8 Approved Curriculum.
Each provider must have a curriculum approved by the Division. The contents of an approved curriculum shall include the following components:
A. Alcohol as a drug and its effect on the body and behavior.
B. Facts about alcohol.
C. What is alcohol?
D. Alcohol's path through the body.
E. Factors influencing the effect of alcohol:
1. Food and digestive factors;
2. Weight, physical fitness and gender factors;
3. Psychological factors;
4. Tolerance;
5. Alcohol used in combination with other drugs.
F. Recognizing drinking levels:
1. Explanation of behavioral signs and indications of impairment;
2. Classification of behavioral signs;
3. Defining intoxication.
G. Recognizing the problem drinker and techniques for servers to help control consumption:
1. Use of classification system;
2. Use of alcohol facts;
3. Continuity of service;
4. Drink counting.
H. Overview of state alcohol laws:
1. Utah liquor distribution and control;
2. Legal age;
3. Prohibited sales;
4. Third party liability and the Dram Shop Law;
5. Legal definition of intoxication;
6. Legal responsibilities of servers.
I. Dealing with the problem customer.
J. Intervention techniques:
1. Slowing down service;
2. Offering food or nonalcoholic beverages;
3. Serving water with drinks;
4. Not encouraging reorders;
5. Cutting off service.
K. Establishing house rules for regulating alcoholic beverages:
1. Management and co-workers' support;
2. Dealing with minors.
L. Alternative means of transportation and getting the customer home safely:
1. Ask customer to arrange alternative transportation;
2. Call a taxi for transportation service;
3. Accommodations for the night;
4. Telephone the police.
R544-5-9 Examination.
The examination shall include questions concerning alcohol as a drug and its effect on the body and behavior, recognizing the problem drinker, Utah alcohol laws, drinking with the problem customer, terminating service, and alternative means of transportation to get the customer safely home. The portion of the exam concerning Utah alcohol laws shall be uniform questions approved by the Commission or as updated and approved by the Division.
R544-5-10 Alcohol Training and education Seminar Provider Standards.
The Division may certify an applicant who:
(1) Has a program course that;
(2) does not have a history of liquor law violations or any convicitons showing disregard for laws related to being a responsible liquor provider;
(3) identifies all program instructors and instructor trainers and cetifies in writing that they have been trained to present the course material and that they have never been convicted of a feflony or of any vilation of the laws or ordaniances concerning alcoholic beverages, or involving moral turpitude;
(4) agrees to notify the Division in writing of any changes in intrauctors and submit the suthorization called for in item (2) for all new instructors;
(5) Can show adequate facilities, instructional equipment and materials, personnel, and financail resources to provide a successful program for the length of time the license is in effect;
(6) will establish and amintain course compeltion records.
R544-5-11 Grounds For Denial, Corrective Action, Suspension, and Revocation.
The Division may deny, suspend or revoke certification if the provider or applicant violates these rules, Section 62A-8-402[Ed.Note: Apparent Utah Code Ref. not found.] , Section 62A-8-403[Ed.Note: Apparent Utah Code Ref. not found.] , or:
A. If 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.
B. If a provider whose certification has been previously denied, suspended or revoked has reapplied without taking the previously required corrective action.
R544-5-12 Corrective Action.
A. If the Division becomes aware that a provider is in violation of these rules or other rules or statutes referenced in these rules, it shall proceed with the following steps:
B. Within 30 days after becoming aware of the violation, the Division shall identify in writing the specific areas in which the provider is not in compliance and send written notice to the provider.
C. Within 30 days of notification of noncompliance, the provider shall submit a written plan for achieving compliance. The provider may be granted an extension.
R544-5-13 Suspension and Revocation.
A. The Director or designee may suspend the certification of a provider as follows:
1. When a provider fails to respond in writing to areas of noncompliance identified in writing by the Division within the defined period. The defined period is 30-days plus any extensions granted by the Division.
2. When a provider fails to take corrective action as agreed upon in its written response to the Division.
3. When a provider fails to allow the Division access to information or records necessary to determine the provider's compliance under these rules and referenced rules and statutes.
B. The director or designee may revoke certification of a provider as follows:
1. A provider or its authorized instructors continue to provide the seminar while the provider is under a suspended certification.
2. A provider fails to comply with corrective action while under a suspension.
3. A program has committed a second violation which constitutes grounds for suspension when a previous violation resulted in a suspension during the last 24 months.
R544-5-20 Procedure for Denial, Suspension, or Revocation.
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 63-46b-5. The provider may appeal to the Department of Human Services Office of Administrative Hearing as provided for under R497-100.
[Indexing]
KEY: substance abuse, server training
November 5, 1997
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
62A-8-402[Ed.Note: Apparent Utah Code Ref. not found.]
62A-8-403[Ed.Note: Apparent Utah Code Ref. not found.]
Notice of Continuation June 25, 1997
