Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) To seek
departmental approval to be a training provider, an individual or business entity
must submit the following information and items to the department through its online
certification system to complete an application:
(1) Legal entity name and DBA of the
applicant;
(2) Applicant's type of
business entity, together with a copy of all founding 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 proposed RBS training course, consisting of
an electronic program, electronic files, recordings, transcripts, or course outline
to be approved by the department, and an itemized and tabulated record of how the
proposed RBS training course complies with California Code of Regulations Title 4
§§ 161-166;
(10) Written
explanation of the interactivity elements to be used in its proposed RBS training
course required by California Code of Regulations Title 4 §
161 (b);
(11) A copy of the handouts, electronic files, or
transcripts detailing the RBS training course content provided to alcohol servers
for their use after completing the RBS training course as required by California
Code of Regulations Title 4 §
161 (c);
(12) Am materials submitted to the department
pursuant to this section that are in a language other than English, shall be
accompanied by cm English translation and a declaration from the training provider's
translator that the translation is a true English translation from the language
other than English;
(13) An affidavit
explaining in writing how the applicant's business entity, and each owner and
officer, comply with the training provider approval criteria found in California
Code of Regulations Title 4 §
168(b);
(14) A list of all arrests and all convictions for
each owner and officer of the applicant's business entity; and
(15) The initial review fee set forth in
California Code of Regulations Title 4 §
168.3(m)(1).
(b) Department's approval criteria for training
providers:
(1) A training provider must, in its
affidavit required under §
168(a)(12), demonstrate
that its RBS training course was created by persons with a background and experience
in the fields of alcohol service, training, hospitality, and psychology to meet the
requirement in Business and Professions Code §
25681(b)(1)(A).
Each required field may be covered by a different individual involved in the
creation of the RBS training course whether owner, employee, or consultant.
Background and expertise may be demonstrated by degrees, certifications, trainings,
or work experience;
(2) A training
provider's proposed RBS training course(s) must comply with the minimum standard
curriculum as set forth in California Code of Regulations Title 4 §§
161-166 herein and be approved by the department or an accreditation agency prior to
its use;
(3) Training providers must
comply with the requirement in Business and Professions Code §
25681
(b)(1)(B) for keeping records of alcohol server
certifications issued. Training providers may use the department's online
certification system as a compliant record keeping program;
(4) Training providers must comply with the
requirement in Business and Professions Code §
25681
(b)(1)(C) to have the ability to give technical
support required for alcohol servers to complete their RBS training course;
(A) For purposes of this subsection, "technical
support" means service, help, or advice provided by the training provider to a
person who is attempting to be certified through any electronic system used by the
training provider for the collection of student data for registration with the
training provider or dissemination of its RBS training course or associated required
materials.
(5) Training
providers must comply with the requirement in Business and Professions Code §
25681
(b)(1)(D) for data security protocols for any
collected alcohol server information, online payments, and alcohol server
certification records kept outside the department's online certificate system;
and
(6) Training providers' 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 a training provider application, the prospective training
provider will have 60 days to respond from the date the department's request is
issued. If the prospective training provider does not respond in the specified time
period, the application will be deemed abandoned and withdrawn. The training
provider's response is considered received the day it is delivered to ABC either
electronically, in person, or by mail.
(d) If an approved training provider has a change
in ownership or officers, the training provider must resubmit the information
pursuant to California Code of Regulations Title 4 §
168(a)(1)-(8) within 30
days of the change to allow the department to investigate and ensure its continued
compliance with the regulations under this section. The training provider must also
provide an ownership or officer update investigation fee as specified pursuant to
California Code of Regulations Title 4 §
168.3(m)(3).
(1) If a training provider fails to notify the
department of a change in ownership or officers within the 30-day time limit set
forth in this subsection, they will be subject to discipline pursuant to California
Code of Regulations Title 4 §
168.3(g)(5).
1. New section
filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section
11343.4(b)(3) (Register 2020, No. 21).
2. New subsection (a)(12),
subsection renumbering, amendment of newly designated subsections (a)(14)-(15) and
new subsections (d)-(d)(1) filed 8-1-2022; operative 8-1-2022 pursuant to Government
Code section 11343.4(b)(3) (Register 2022, No. 31).
Note: Authority cited: Sections 25681(a), 25681(b) and 25685(a),
Business and Professions Code. Reference: Sections 23009, 24200(d) and 25681,
Business and Professions Code.
