R392-103-8. Training Provider Approval and Auditing

  (1) A food handler training provider that has been approved by the Department before the effective date of this rule may continue to provide food handler training and testing as previously approved until three years from the effective date of this rule, at which time full compliance with this rule is required.

  (2) To be considered for approval after the effective date of this rule, a prospective training provider shall submit to the Department:

  (a) a completed application;

  (b) a written summary describing how the training program meets each training objective listed in Subsection R392-103-6(2);

  (c) a copy of the course curriculum, including slides, handouts, talking points, script, videos, brochures, or any additional information used during the course, or full access to the online course; and

  (d) a copy of the exam questions, if applicable, as described in Subsection R392-103-7(2).

  (3) As part of the approval process, the Department shall provide prospective training providers with either a hard copy or electronic copy of this rule. Training providers shall sign an affidavit provided by the Department stating that the training provider will comply with the requirements of this rule and abide by confidentiality agreements when using Department provided exam questions.

  (4) During the initial approval process and any subsequent audits, a training provider shall grant access to the Department to audit or authenticate any documents used in the food handler training as well as the identity of instructors and training providers.

  (5) A training provider shall submit an application to the Department for training program revalidation every 3 years from the date of initial approval by the Department. The training provider shall follow the requirements of Subsection R392-103-8(2) to apply for revalidation.

  (6) In order to determine and verify compliance with this rule, the Department may conduct an audit of the training provider's program. The Department may conduct audits routinely, randomly, or in response to a complaint. A training provider shall allow the Department unrestricted access to the following:

  (a) Course training and testing materials; and,

  (b) Online training sites; and,

  (c) Classroom training sessions.

  (7)(a) If the Department finds that a training provider is non-compliant during an audit, the Department shall revoke the registration and remove the training provider from the list of approved food handler training providers in Utah. The training provider shall then immediately cease and desist training and issuing certificates until the Department has verified that the issues of non-compliance have been corrected.

  (b) The Department shall notify the local health departments when a training provider has been removed from or added to the list of approved food handler training providers in Utah.

  (c) The local health officer shall refuse to accept certificates issued by a training provider as described in Subsection R392-103-8(7)(a) from the date the training provider was found to be in non-compliance until the violation is corrected and the Department has again issued written approval and placed the training provider on the list of approved food handler training providers in Utah.

  (8) A training provider shall comply with the Americans with Disability Act (ADA) access requirements regardless of the size of the training operation.