Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A
training provider shall notify the department of any change to the contact
information provided by the training provider to the department during the
application or registration process by updating their contact information within the
department's online certification system. Any department communication is presumed
received and notice requirements are deemed effective if the communication is sent
to the training provider using the contact information on record with the
department.
(b) A training provider
shall maintain current lists of its owners and officers and ensure any changes to
its owners and officers continue to comply with the training provider approval
criteria.
(c) A training provider must
use one of its approved RBS training courses on file with the department whenever
providing RBS training to alcohol servers under the RBSTPA.
(d) A training provider shall provide a notice of
completion to an alcohol server immediately upon completion of their RBS training
course either by email or written handout. The notice must include the alcohol
server's name, training provider's name, the date of completion, and must direct the
alcohol server to complete their alcohol server certification by taking the
department's alcohol server certification exam.
(e) A training provider must notify the department
using the online certification system within 24 hours of an alcohol server's
completion of an approved RBS training course. Upon receiving this notification, the
department will grant access to the alcohol server certification exam to the alcohol
server through the online certification system registration under California Code of
Regulations Title 4 §
170(b).
(f) The department shall review the effectiveness
of all training provider RBS training courses through analysis of data collected
when administering alcohol server certification exams. The department shall make the
alcohol server certification exam data pertaining to a training provider's students
available to the training provider through the department's online certification
system.
(g) The department may deny,
revoke, or suspend a training provider approval if it finds any of the following
conduct by the training provider:
(1) The training
provider does not meet the approval standards in this section;
(2) The training provider application is
incomplete;
(3) The training provider
misrepresented material facts within its application;
(4) The department is informed an owner or officer
of the training provider 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 training provider fails to inform the
department of a change in its owners or officers pursuant to California Code of
Regulations Title 4 §
168.3(d);
(6) The training provider's RBS training course
does not follow the standards set forth in Business and Professions code §
25681(b) and California Code of Regulations Title 4 §
168;
(7) The training provider is not teaching from its
RBS training course submitted on file with the department pursuant to California
Code of Regulations Title 4 §
168(a)(9)-(10), or the
RBS training course it submitted to the accreditation agency submitted to the
department pursuant to California Code of Regulations Title 4 §
167(h);
(8) The training provider fails to inform the
department within 24 hours of an alcohol server completing their RBS training course
pursuant to California Code of Regulations Title 4 §
168.3(e);
(9) The training provider fails to comply with a
mandatory modification request from the department as outlined in California Code of
Regulations Title 4 §
168.3(h); or
(10) The training provider perpetuates a fraud
within the department's online certification system.
(h) If the department requires a modification of
all RBS training course materials due to a change in referenced law or the
completion of a rulemaking action:
(1) The
department shall notify the training provider in writing with a detailed list of the
mandatory changes;
(2) The training
provider shall have 60 days from the date notice is sent by the department to
respond and provide an estimate of the length of time the training provider will
need to complete the modification;
(3)
If the training provider does not respond to the department's request within the
specified time, the training provider's approval will be deemed withdrawn;
(4) The training provider shall modify their
program within a reasonable time based on the amount of mandatory changes required
and submit a record of all changes to the existing program to the department for
approval;
(5) The department shall
review the training provider's RBS training course without any additional fees for a
mandatory modification;
(6) The
department shall use the same standards of approval for any modification as with the
initial approval of an RBS training course; and
(7) The training provider shall not use the
modified course until it has been approved by the department.
(i) If a training provider chooses to modify its
RBS training course without a legal requirement to do so:
(1) The training provider shall seek approval from
an accreditation agency, or the department;
(2) The training provider will notify the
department or accreditation agency in writing with a detailed change log of all
changes made to the RBS training that was submitted to the department under
California Code of Regulations Title 4 §
168(a)(9)-(10), or the
RBS training course it submitted to the accreditation agency submitted to the
department under California Code of Regulations Title 4 §
167(h);
(3) The department after receiving a modification
request from a training provider will determine if the modification constitutes a
substantial change and notify the training provider of its decision in
writing;
(4) If the department finds the
modification request constitutes a substantial change, the request is subject to an
initial review fee as itemized in California Code of Regulations Title 4 §
168.3(m)(1).
(5) A substantial change is a modification to an
approved RBS training course to the extent that the department must review most of
the approved RBS training course to reapprove its suitability, including but not
limited to, a 50 percent or greater change of submitted content or a new language
translation;
(6) The department shall
review a modification request for an RBS training course without any additional
fees, unless the department determines that the modification constitutes a
substantial change;
(7) The department
or accreditation agency shall use the same standards of approval for any
modification as with the initial approval of an RBS training course; and
(8) The training provider shall not use the
modified course until it has been approved by the department or an accreditation
agency.
(j) If a training
provider wishes to create a new RBS training course, either in format, presentation,
language, or by a substantial change from its existing RBS training course:
(1) The training provider must provide an itemized
and tabulated record demonstrating that the proposed RBS training course complies
with California Code of Regulations Title 4 §§ 162-166 to the department
or an accreditation agency;
(2) If
submitted to the department, the training provider must pay an additional RBS
training course initial approval fee set out in California Code of Regulations Title
4 §
168.3(m)(1) for review
and approval of the proposed RBS training course; and
(3) The department and accreditation agency shall
use the same standards for approval of the new RBS training course as if it was an
initial training provider application.
(k) The department authorization to be a training
provider grants the training provider the due process rights as a licensee under
Business and Professions code § 23009 but does not grant an ABC license to the
training provider. If a training provider 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) A training provider must renew its approval
annually with the department or an accreditation agency to ensure it continues to
comply with the statutory and regulatory standards of the RBSTPA and any mandatory
content added to the curriculum requirements by the department.
(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
training provider using the contact information on file with the
department.
(3) To seek renewal, the
training provider 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
training provider complies with the training provider approval criteria.
(4) If seeking renewal from the department, the
training provider shall submit the annual review fee set out in California Code of
Regulations Title 4 §
168.3 (m)(2) for each
approved RBS training course currently being used.
(5) The department or accreditation agency shall
review the submitted list of changes and renew the training provider using the same
approval standards as the initial review.
(6) If an accreditation agency gives an approval,
it is subject to the same reporting requirements to the department under California
Code of Regulations Title 4 §
167(g)-(i).
(7) 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 to the department during this 60-day
period, the training provider shall submit payment of the annual renewal fee set out
in California Code of Regulations Title 4 § 168.30(m)(2), plus a penalty fee
that shall be equal to 50 percent of the annual fee.
(8) Unless otherwise terminated, or until renewed,
an approval that is in effect during the expiration month continues 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.
(9) On or before the 10th day
preceding the cancellation of the approval pursuant to subsection
(l)(8), 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 § 168.30
(l)(8)
(m)
The following non-refundable fees are set to recover the reasonable costs of the
department for approval, oversight, and enforcement of the above training provider
standards:
(1) RBS training course initial
approval fee of $1000.00;
(2) Annual
renewal fee of $250.00 per approved RBS training course; and
(3) An RBS training provider transfer of ownership
or officer update 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).
2. New subsection (d), subsection
relettering, amendment of newly designated subsections (g)(5) and (g)(8)-(9),
(i)(4), (j)(2), (l)(4), (l)(7)-(9) and new subsection (m)(3) 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), 25685(a) and 25685(b),
Business and Professions Code. Reference: Sections 23009 and 25681, Business and
Professions Code.
