La. Admin. Code tit. 55 § VII-509

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-509 - Training: Provider and Trainers

A. Trainer Certification. Approved providers shall only contract with trainers that have any combination of a minimum of two years of:

1. verified full-time employment in the fields of training, education, law, law enforcement, certified security services, substance abuse rehabilitation, the hospitality, retail industry that involved the sale or service of alcohol or tobacco products; or

2. post-secondary education in the fields of training, education, law, law enforcement, certified security services, substance abuse rehabilitation, the hospitality or retail industry that involved the sale or service of alcohol or tobacco products.

B. Provider Certification

1. Classroom Training Provider: A person or business entity that applies to become an approved provider for alcohol and tobacco server or security personnel classroom training shall submit the following to the program administrator:

a. a completed application form provided by the program administrator;

b. a copy of the lesson plans, audio, visual, and printed materials provided as part of the alcohol server training course;

c. a copy of the examinations;

d. the names, date of birth, last four digits of Social Security numbers, addresses and phone numbers, and educational and employment backgrounds of all trainers to be used in teaching the course; and

e. notification of any changes within 30 days of hiring, contracting with, or termination of any trainers.

2. Computer-Based Training Provider. A person or business entity that applies to become an approved provider for alcohol and tobacco server computer based education shall submit the following to the program administrator:

a. a completed application forms provided by the program administrator;

b. the names, dates of birth, last four digits of Social Security numbers, addresses and phone numbers, and educational and employment backgrounds of all persons engaged in the development/creation of the online (computer-based) training course;

c. a copy of the complete online (computer-based) alcohol and/or tobacco server training course;

i. the presentation and course progress platform used by a computer-based provider must be reviewed and approved by the program administrator to ensure that the course of instruction contains all topics required by the mandatory curriculum;

d. a copy of the examination and item bank;

e. verification that the security measures implemented and maintained by the provider meet state and federal standards for the transmission and protection of personal identification information and financial information of individuals accessing the website;

f. a detailed description of the provider's system to verify a student's identity;

g. approved providers for computer-based training shall make a representative available to provide information and/or technical support during standard business hours via the internet, telephone, or other method as approved by the program administrator;

h. approved providers for computer-based training must submit to audits by the Office of Alcohol and Tobacco Control for the purpose of ensuring compliance and to review and examine the following:

i. number of server courses that have been issued by the provider;

ii. security measures taken in relation to the course examination;

iii. procedures used to score the course examination;

iv. size of the examination bank to generate examination questions;

v. methodology used to translate the course and examination in multiple languages and the name and qualifications of the translator service provider;

vi. integrity of the program data generated and stored by the approved provider;

vii. program's data handling, reporting and archiving capacities, policies and procedures;

viii. approved provider's anti-discrimination policy and procedures;

i. access to the provider's web address and secured portal must be made available to the Office of Alcohol and Tobacco Control and the entire course of instruction offered to servers must be provided free of charge to the Office of Alcohol and Tobacco Control;

j. notification within 30 days of any changes in the provider's ownership or system operations;

k. approved classroom training providers shall obtain approval to become a computer-based provider by submitting a separate application and all additional information required in this section;

l. computer-based training providers are exempt from the provisions of LAC55:VII.511.K requiring seven days notice of scheduling courses;

m. computer-based training providers shall adhere to the provisions of LAC55.VII.509.E.1 requiring submission of class rosters within 10 days of nay training course.

3. After the program content or method of presentation has been approved by the program administrator, the provider shall notify and obtain approval of any changes from the program administrator.

C. the alcohol and tobacco server and security personnel permits issued to students who successfully complete the server and security personnel training programs shall be obtained from the Office of Alcohol and Tobacco Control or its designee.

D. Denial or Recision of Program Approval

1. The program administrator may deny or rescind approval of any program if any of the following is found:

a. the program does not meet the minimum course standards set out in Chapter 5;

b. the Application for Program Certification is not correct or complete;

c. any trainer has been convicted of a felony or of a misdemeanor related to theft, fraud, or misrepresentation and it has been less than three years since the discharge of the sentence imposed as a result of the conviction; or

d. any trainer has been convicted of operating a vehicle while intoxicated at the time they were employed as a trainer and it has been less than one year since the discharge of the sentence imposed as a result of the conviction.

2. Within 10 days after receipt of the notice that the program approval has been denied or rescinded, the applicant has the right to request a hearing before the program administrator.

3. If the applicant fails to request a hearing, the right to a hearing is waived and the program administrator's decision is final.

4. The notice that the program approval has been denied or rescinded shall be served by either certified mail or personal service at the applicant's main office to any adult agent or employee or to its registered agent.

E. Provider and Trainer Records - Rights of Inspection

1. Within 10 days of any training course, the approved provider shall submit to the Office of Alcohol and Tobacco Control a report of the server or security personnel training that includes the following:

a. the name, last four digits of Social Security number, permit number, address, telephone number, and date of birth of each student that completed the training course and passed the required examination;

b. the name of the trainer or training provider that provided the course and the trainer's signature and verification that each student listed has successfully completed the approved course on the date indicated and any other facts as the program administrator or agents or employees of the Office of Alcohol and Tobacco Control may require.

2. Copies of the examinations and permits shall be kept for four years from the date of issue at the approved provider's place of business available for inspection and copying by agents or employees of the Office of Alcohol and Tobacco Control.

3. The approved provider shall maintain for four years from the date the class was conducted, the course information, which includes the class location, date, and time; trainer's name; and the student's names, last four digits of Social Security number and permit number. These records shall be maintained at the approved provider's place of business available for inspection and copying by agents or employees of the Office of Alcohol and Tobacco Control.

F. Approved Provider Minimum Course Standards. To be certified to issue a server or security personnel permit, the provider's course of instruction must include the subject areas specified in R.S. 26:933(C)in accordance with LAC 55:VII.511.

G. Approved Server and Security Personnel Training Course Fees. Approved providers may charge fees for the cost of conducting the approved server or security personnel training courses. The fees for classroom or computer-based instruction and examination shall be approved by the program administrator and the commissioner and may not exceed $25.

H. Sanctions against Approved Providers and Trainers. Any approved provider or trainer who violates any of the provisions of Title 26 of the Louisiana Revised Statutes or any of the requirements of Chapter 5 shall:

1. for a first offense receive a notice of intended suspension or revocation of the program administrator's certification or authorization, with 30 days allowed to correct any violations. If the violation is rectified no further action will be taken;

2. if the violation is not rectified or a second violation by the provider or their trainer occurs, the program administrator or their designee shall suspend approval and certification of the provider or trainer for a period not to exceed six months. Before the suspension will be lifted, the provider or trainer shall correct all violations;

3. the program administrator or their designee may increase sanctions based on successive violations within a two-year period. Numerous violations within a two-year period may indicate disregard for the law or failure to provide an acceptable responsible vendor server or security personnel program so as to warrant cancellation of the certification of either the provider or their trainer.

I. Approved Provider Responsible for Acts of Trainers. The program administrator may hold a provider responsible for any act or omission of the provider's program, personnel, trainers, or representatives that violate any law or administrative rule pertaining to approved providers' privileges.

J. Prohibited Conduct. No approved provider or authorized trainer shall:

1. make any false or misleading statement to induce or prevent the program administrator's actions;

2. falsify, alter or otherwise tamper with responsible vendor server or security personnel permits or records;

3. permit a student to refer to any written material or have a discussion with another person during the exam unless the instructor authorizes the student to use an interpreter;

4. permit any student to drink alcoholic beverages or to be under the influence of intoxicants during the course presentation or examination, including breaks;

5. drink alcoholic beverages or be under the influence of intoxicants during the course presentation or examination, including breaks;

6. prohibit, interfere, or fail to assist the program administrator or their designee with scheduling or attendance of on-site observations.

K. Approved Provider and Trainer Advertising and Promotion Standards

1. Approved provider and trainer advertising related to the responsible vendor server and security personnel training courses shall include:

a. the approved provider's or trainer's telephone number and cancellation policy;

b. the total amount of course time that includes instruction, examination and breaks;

c. a statement that students shall attend the entire course before taking the examination.

2. Advertising shall not suggest that the state of Louisiana, the program administrator, or any state agency endorses or recommends the approved provider's program to the exclusion of any other program.

3. Upon request, the approved provider or trainer shall give the program administrator copies of the program publications, brochures, pamphlets, scripts, etc. or any other representation of advertising materials related to the program.

4. An approved training provider or trainer must have records available to support all advertising claims or representations.

La. Admin. Code tit. 55, § VII-509

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 24:1950 (October 1998), amended LR 31:939 (April 2005), LR 39:1828 (July 2013), LR 40:1114 (June 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:931 et seq.