No. 30122: R523-23. On-Premise Alcohol Training and Education Seminar Rules of Administration

DAR File No.: 30122
Filed: 06/22/2007, 11:22
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 62A-15-105 establishes the Division of Substance Abuse and Mental Health Board. The Board is given authority to establish necessary rules.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division amended this rule in 2006. The original amendment added language that would require all participants in alcohol server-training courses to practice, face-to-face with an instructor, techniques for denying alcohol to patrons who had consumed too much alcohol. This requirement would have denied online training companies from participating in that particular market. During and after the public comment period, the Division received several comments from servers in rural areas who stated they wanted to be able to take the training course online for convenience sake, and an online training organization also made comments about fairness to all businesses. Based on these comments, the Division of Substance Abuse and Mental Health Board chose to remove the face-to-face practice requirement. Prior to this latest amendment, no comments had been received by the Division concerning this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Under Section 62A-15-401 the Division of Substance Abuse and Mental Health is required to provide a training course and certification for all employees who serve alcohol to consumers on the premises of the business or establishment for which they work such as a bar, restaurant, or social club. This rule sets forth the policies and procedures for certifying organizations that provide on-premise alcohol server training courses, standards for training materials, and certification requirements for trainees. This rule needs to continue to assure quality implementation of this statutory mandate.

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]

Authorized by:

Mark I Payne, Director