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§ 167. Accreditation Agencies Application and Standards.

4 CA ADC § 167BARCLAYS 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 § 167
§ 167. Accreditation Agencies Application and Standards.
(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.
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.
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 § 167, 4 CA ADC § 167
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