No. 36384 (5-year Review): Rule R523-23. On-Premise Alcohol Training and Education Seminar Rules of Administration

DAR File No.: 36384
Filed: 06/18/2012 08:50:04 AM

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-15-401 authorizes the Division of Substance Abuse and Mental Health to administer the Alcohol Training and Education Seminar Program.

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 received comment in four categories: 1) date of training requirement be added to the rule; 2) suggested changing the wording for the expiration date; 3) requesting a specification for the three-hour training description; and 4) state should maintain the database of those servers who take the training.

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

This rule is required to provide guidance to persons who provide Alcohol Training and Education Seminar Programs. Therefore, this rule should be continued. Responses to comments are as follows: 1) The Division added the "date the person completed the training" because the system already requires it and it is necessary to determine when a person will need to recertify. It may also be needed to prove that an employee was trained within 30 days of hire as required by rule; 2) It was suggested that the division ask for the expiration date instead of the date the training was completed. The primary reason for not implementing this suggestion is that a person's certification is shortened if he/she sells to a minor and is adjudicated for that crime. So, the expiration on a certificate could be different than information shown on the Division's website due to a sale to a minor, however, the date of completion would remain the same. Entering the date of completion would save money and confusion vs. the expiration date; 3) It was suggested that the rule require three hours of instruction vs. three hours of class time. The division staff discussed this with the commenting provider and another provider and it was decided to leave the requirement at three hours of class time. The reasons are as follows: 1) people learn (and read) at different speeds and the Division has to fit the "average" of those speeds and the three hours of class time allows for some flexibility; 2) exams and questions should be added into the 3 hours because they are also part of the learning experience and this should be the same for in person classes; and 3) three hours of class time is reasonable to cover the information and allow for the final exam; and 4) The Division has always, and plans to always maintain a database of trainers and server/sellers and make it available to the public online. It appears that this language was unintentionally removed from the rule. The division has not actually changed the maintaining of the database.

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 [e-mail]
• 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 [e-mail]

Authorized by:

Lana Stohl, Director

Effective:

06/18/2012

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