No. 35037 (5-year Review): Rule R523-24. Off Premise Retailer (Clerk, Licensee and Manager) Alcohol Training and Education Seminar Rules of Administration

DAR File No.: 35037
Filed: 07/13/2011 02:00:32 PM

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:

This rule is adopted under the authority of Section 62A-15-401 authorizing the Division of Substance Abuse and Mental Health to administer the Alcohol Training and Education Seminar Program. The intent of the statute is to require every person to complete the seminar who sells or furnishes alcoholic beverages to the public for off premise consumption in the scope of the person's employment with a general food store or similar business. This rule is required to provide instruction to the "Off Premise Retailers" on how to comply with this statutory requirement.

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 comments on this rule are that the online classes are subject to fraud, for example: 1) people other than the intended student taking the course and being paid for it; 2) sharing of answers between students; and 3) non-verified ID of a student taking the course. Our program staff investigated the concerns, reviewed the findings with the complainants and explained the processes in place to prevent these issues. Revisions to this rule are in process to address these comments.

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

This rule needs to be continued so that the Division of Substance Abuse and Mental Health can address legislative concerns and continue to provide instruction to off premise retailers so that they can comply with the statutory requirements.

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:

• 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:

07/13/2011

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