No. 31165 (Amendment): R523-24-9. Alcohol Training and Education Seminar Provider Standards

DAR File No.: 31165
Filed: 04/21/2008, 09:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is being proposed to ensure that all websites administering online training materials to retail clerks that sell alcohol for off-premise use are secure, thus providing proper protection of personal information for trainees. Secure websites will also provide assurances that the integrity of the testing and certification processes has not been compromised.

Summary of the rule or change:

The division has added the requirement that all online training courses be provided on a secure website.

State statutory or constitutional authorization for this rule:

Subsection 62A-15-401(5)

Anticipated cost or savings to:

the state budget:

This requirement is imposed on service agencies that provide online server training and does not increase or decrease the cost to the state for monitoring and certifying online training organizations.

local governments:

Certification of online training agencies is not a function of local governments; therefore, cost or savings for this amendment would not be incurred.

small businesses and persons other than businesses:

This amendment only applies to online alcohol server training organizations and will have no effect on small businesses in general. A cost will be incurred if the company applying for certification is a small business. The division is not able to identify a cost or even an approximation. The Department of Technology Services has been consulted on possible costs, and the division was informed that the creation of a secure web site could start at $2,000, but the type of program used to create the site and the cost of hiring or using in-house programmers make it impossible to establish a reliable average cost. There is also no way of knowing how many online training companies will seek certification within the state or nationwide that are small businesses and would be affected by this change in rule, so providing an aggregate cost is not possible.

Compliance costs for affected persons:

This requirement will impact the cost of developing an online server training program for internet service agencies that are seeking certification and do not already have a secure website. The division is not able to identify a cost or even an approximation. The Department of Technology Services has been consulted on possible costs, and the division was informed that the creation of a secure web site could start at $2,000, but the type of program used to create the site and the cost of hiring or using in-house programmers make it impossible to establish a reliable average cost. Currently, no certified online training companies are out of compliance with this amendment.

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

The Department of Human Services acknowledges that this amendment could impose a cost for website development on Utah businesses seeking certification for online training, but which do not have a secure website on which to provide those services. Reasonable steps have been taken to ascertain an approximate cost, but due to the nature of website development, a reliable average cost cannot be provided for this filing. 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 [e-mail]

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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

Mark I Payne, Director

RULE TEXT

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.

R523-24-9. Alcohol Training and Education Seminar Provider Standards.

(1) The Division may certify a provider applicant who:

(a) identifies all program instructors and instructor trainers and certifies in writing that they:

(i) have been trained to present the course material, and

(ii) that they have not been convicted of a felony or of any violation of the laws or ordinances concerning alcoholic beverages, within the past five years;

(b) agrees to notify the Division in writing of any changes in instructors and submit the assurances called for in Subsection R523-24-9(a) for all new instructors;

(c) 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; and

(d) will establish and maintain course completion records.

(2) All online training courses shall be provided on a secure website.

 

KEY: off-premise, training, seminars

Date of Enactment or Last Substantive Amendment: [August 22, 2006]2008

Authorizing, and Implemented or Interpreted Law: 62A-15-401