Home Table of Contents

§ 168.3. Training Provider Review, Modifications, and Fees.

4 CA ADC § 168.3BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 4. Business Regulations
Division 1. Department of Alcoholic Beverage Control
Article 25. Responsible Beverage Service Training Program (Refs & Annos)
4 CCR § 168.3
§ 168.3. Training Provider Review, Modifications, and Fees.
(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 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).
(e) 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.
(f) 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 and officers;
(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 timely inform the department when an alcohol server has completed their RBS training course;
(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(f); or
(10) The training provider perpetuates a fraud within the department's online certification system.
(g) 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.
(h) 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(l)(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.
(i) 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(l)(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.
(j) 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.
(k) 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 (l)(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 (k)(1), the approval may still be renewed within 60 calendar days of the expiration following the process described in subsection (k)(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 § 168.3(l)(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 (k)(1), at which time it is automatically cancelled.
(9) On or before the 10th day preceding the cancellation of the approval pursuant to subsection (k)(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 § 168.3(k)(8)
(l) 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; and
(2) Annual renewal fee of $250.00 per approved RBS training course.
Note: Authority cited: Sections 25681(a), 25685(a) and 25685(b), Business and Professions Code. Reference: Sections 23009 and 25681, Business and Professions Code.
HISTORY
1. New section filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).
This database is current through 7/24/20 Register 2020, No. 30
4 CCR § 168.3, 4 CA ADC § 168.3
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.