Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) To seek
approval to be an accreditation agency, a business entity must submit the following
information and items to the department:
(1) Legal
entity name and DBA of the applicant;
(2) Applicant's type of business entity, together
with a copy of all applicant's business entity formation documents;
(3) If the applicant is a corporation, limited
liability company, general partnership, limited partnership, or limited liability
partnership, the applicant must provide proof of registration with the California
Secretary of State, including identification of the person designated for service of
process and the contact information for service of process;
(4) A list of each owner and officer of the
applicant, and the mailing address, phone number, email address, and title of each
owner and officer;
(5) Primary email
contact information of the applicant;
(6) Primary telephone contact information of the
applicant;
(7) Primary business address
of the applicant;
(8) Mailing address of
the applicant if different from the primary business address;
(9) A list of all arrests and all convictions for
each owner and officer of the applicant's business entity;
(10) An affidavit explaining in writing how the
applicant's business entity, and each owner and officer, intend to comply with the
accreditation agency approval criteria found in California Code of Regulations Title
4 §
167(b);
(11) Descriptions of accreditation policies and
procedures to approve training providers and RBS training courses using the
standards in Business and Professions code § 25681(b) and California Code of
Regulations Title 4 §
168(b); and
(12) Valid fingerprint record for every owner and
officer of applicant;
(A) The department shall use
background checks of the valid fingerprint records to confirm the lists of arrests
and convictions submitted by the applicant. The department will also use the valid
fingerprint records to monitor if any owner or officer of the applicant are
subsequently arrested or convicted for the purpose of determining continued
qualification.
(B) The applicant is
responsible for the payment of any fees associated with the review or verification
of criminal history by valid fingerprint record for any owner and officer of the
applicant by background check; and
(13) The initial review fee set forth in this
section, subsection (m)(1).
(b) Approval criteria for an accreditation agency:
(1) An accreditation agency, its owners and
officers, director, employees, or agents shall not have any ownership interest,
directly or indirectly, in the business, property or license of any ABC
licensee;
(2) An accreditation agency,
its owners and officers, director, employees, or agents shall not have any ownership
interest, directly or indirectly, in the business or property of any training
provider;
(3) An accreditation agency,
its owners and officers shall not be RBS trainers.
(4) An accreditation agency shall have the ability
to provide technical support to training providers it accredits;
(A) For purposes of this subsection, "technical
support" means service, help, or advice provided by the accreditation agency to a
training provider who is attempting to be accredited through any electronic system
used by the accreditation agency for the collection of training provider information
or materials.
(5) An
accreditation agency shall apply the same standards for approval of RBS training
providers and RBS training courses used by the department as set forth in Business
and Professions code § 25681(b) and California Code of Regulations Title 4
§
168(b);
(6) An accreditation agency shall maintain strict
data security protocols that protect disclosure of private training provider
information, including payment information, received during its RBS training course
approval process; and
(7) An
accreditation agency's owners and officers must not have been convicted of any
crimes of moral turpitude, as that term is applied to ABC license holders under
Business and Professions Code §
24200(d).
(c) If the department needs more information or
clarification to approve an accreditation agency application, the prospective
accreditation agency will have 60 days to respond from the date the department's
request is issued. If the prospective accreditation agency does not respond within
the specified period, the application will be deemed abandoned and withdrawn. The
accreditation agency's response is considered received the day it is delivered to
the department either electronically, in person, or by mail.
(d) Accreditation agencies shall notify the
department of any change to the contact information provided to the department
during the application process. Any department communication is presumed received
and notice requirements are deemed effective if the communication is sent to the
accreditation agency using the contact information on record with the
department.
(e) Accreditation agencies
shall maintain current lists of all owners and officers and ensure any changes to
its owners and officers continue to comply with the accreditation agency approval
criteria.
(f) When approving a training
provider or RBS training course, an accreditation agency shall use the policies and
procedures to approve training providers and RBS training courses it submitted to
the department under California Code of Regulations Title 4 §
167(a)(11).
(g) Whenever an accreditation agency gives an
accreditation to a training provider, the accreditation agency shall within five
business days provide the following to the department, notice of the training
provider accreditation and the record of information for the accredited training
provider.
(h) An accreditation agency
shall provide the department with a record of all information the accreditation
agency received from the training provider during its approval process. The record
must include the following documents;
(1) the RBS
training course;
(2) handouts,
electronic files, or transcripts;
(3)
explanation and affidavit that the training provider complies with all training
provider approval criteria;
(4) written
explanation of the interactivity elements in the RBS training course;
(5) written explanation of training provider's
compliance with the record keeping, customer support, and security requirements;
and
(6) the lists of all arrests and
convictions for crimes of moral turpitude by every owners and officers of the
applicant training provider.
(i) The record shall be submitted to the
department in electronic formats through the department's online certification
system.
(j) The department may deny,
revoke, or suspend an accreditation agency approval if it finds any of the following
conduct by the accreditation agency:
(1) The
accreditation agency does not meet the approval criteria;
(2) The accreditation agency application is
incomplete;
(3) The accreditation agency
misrepresented material facts in its application;
(4) The department is informed an owner or officer
of the accreditation agency has committed a crime of moral turpitude, as that term
is applied to ABC license holders under Business and Professions Code §
24200(d);
(5) The accreditation agency fails to inform the
department of a change in its owners or officers;
(6) The accreditation agency perpetuates a fraud
in approving training providers;
(7) The
accreditation agency does not provide the department with requested records
justifying training provider approvals;
(8) The accreditation agency fails to notify the
department of training provider approvals; or
(9) The accreditation agency does not follow the
standards set forth in Business and Professions code § 25681(b) and California
Code of Regulations Title 4 §
168(b) to approve
training providers.
(k) The
department authorization to be an accreditation agency grants the accreditation
agency the due process rights accorded to ABC licensees under Business and
Professions code § 23009 but does not grant a license to the accreditation
agency. If an accreditation agency wishes to challenge a department decision to
deny, suspend, or revoke department authorization, it is subject to the processes,
procedures, and due process rights of licensees under Business and Professions Code
Division 9 Chapters 6-8.
(l) The
accreditation agency must renew its approval annually.
(1) Approvals expire at midnight on the last day
of the month in which the approval was given in the previous year.
(2) On or before the first day of the month
preceding the month that the approval expires, the department shall notify the
accreditation agency using the contact information on file with the
department.
(3) To seek renewal, the
accreditation agency shall submit an itemized list of any changes it has made since
its submission of its initial application, or last annual renewal, that modifies how
the accreditation agency approves training providers, approves RBS training courses,
or complies with the accreditation agency approval criteria. The accreditation
agency shall submit the annual renewal fee set out in California Code of Regulations
Title 4 §
167 (m)(2).
(4) The department shall review the submitted list
of changes and renew the accreditation agency using the same approval standards as
the initial review.
(5) If an approval
expires pursuant to subsection (l)(1), the approval may still be
renewed within 60 calendar days of the expiration following the process described in
subsection (l)(3). For renewals submitted during this 60-day time
period, the accreditation agency shall submit payment of the annual renewal fee set
out in California Code of Regulations Title 4 §
167 (m)(2), plus a
penalty fee that shall be equal to 50 percent of the annual renewal fee.
(6) Unless otherwise terminated, or until renewed,
an approval that is in effect during the expiration month shall continue in effect
through midnight of the 60th day following expiration of the approval pursuant to
subsection (l)(1), at which time it is automatically
cancelled.
(7) On or before the 10th day
preceding the cancellation of the approval pursuant to subsection
(l)(6), the department shall notify the accreditation agency using
the contact information on file with the department that its approval will be
cancelled under California Code of Regulations Title 4 §
167
(l)(6).
(m)
The following non-refundable fees are established to recover the reasonable costs of
the department for review, approval, and renewal of the accreditation agency
standards:
(1) Initial accreditation agency review
fee of $1,000.00; and
(2) Annual renewal
fee of $250.00.
1. New section
filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section
11343.4(b)(3) (Register 2020, No. 21).
Note: Authority cited: Sections 25681(a), 25685(a) and 25685(b),
Business and Professions Code. Reference: Sections 23009, 24200(d) and 25681,
Business and Professions Code.
