Tenn. Comp. R. & Regs. 0100-08-.04 - CERTIFICATION OF TRAINING PROGRAM

Current through March 20, 2022

(1) Application for Certification. Any entity or individual seeking to have a training program certified shall complete and submit a written application on forms prescribed by the Commission. The application shall disclose the following information:
(a) The complete identity of the entity seeking to have the program certified, including the address, names of all individuals responsible for server training, and the source of the curriculum utilized by the entity.
1. If the entity is a corporation, a copy of the corporate character and/or certificate of authority is required.
2. If the entity is a partnership, a copy of the certificate filed with the Tennessee Secretary of State's Office (if a limited partnership), copy of partnership agreement, or other document evidencing formation of such partnership is required.
3. A listing of all officers' names and corresponding titles for the applicant.
(b) Complete address of each proposed location for such training at least seven (7) days prior to the training session.
(c) A complete description of the curriculum to be utilized in server training. To be certified a program must offer a curriculum which, at a minimum, contains the following items:
1. The effect of alcohol on the human body focusing upon these elements:
(i) A complete review of blood alcohol content (BAC);
(ii) Absorption rates and factors affecting the absorption of alcohol;
(iii) The behavioral effects of alcohol: i.e., decrease in reaction and decision making capability;
(iv) Interaction and combined effects of mixing alcohol with legal and/or illegal drugs; and
(v) Identification of possible problem drinkers.
2. Identifying situations in which server intervention is appropriate.
3. Handling people in a non-confrontational manner. Communications and support from co-workers is necessary.
4. Suggested responses by servers to situations involving the service of intoxicated and/or underage persons.
5. A review of current Tennessee laws, rules, and regulations promulgated by the Commission relating to the sale and service of alcoholic beverages and the Alcohol Server Responsibility and Training Act.
6. A review of appropriate identification including acceptable driver's licenses, military identification, passports, and other identification cards.
(d) Training Program Format.
1. Complete training program must be at least five (5) hours of classroom instruction, excluding breaks for attendees. Such training program must take place in a publicly accessible location. Training programs may not be conducted in private homes.
2. The training program must provide printed training materials to attendees. Once a program has been certified by the Commission, the following statement shall be placed in bold type on the cover sheet of such written materials or manuals: "This program has approved by the Tennessee Alcoholic Beverage Commission as currently satisfying the requirements contemplated by the Alcohol Server Responsibility and Training Act of 1995."
3. The training program must be supervised by qualified and trained instructors who are physically present during all training sessions. Further, instructors must submit a trainer questionnaire to the Commission prior to providing any instruction.
4. At the beginning of each training program, the certified trainer shall advise all attendees that if they are not at least 18 years of age, and/or have been convicted of any felony within four years of the date of application, and/or have been convicted of any statute involving the sale of alcoholic beverages, beer, or Schedule I or II controlled substances or any sex-related crime or embezzlement within the previous eight (8) years, then they do not meet the qualifications for a server permit. The certified trainer shall refund any fee previously received by any attendee who does not continue with the class after hearing such restrictions.
5. Upon completion of the presentation, the program must adequately test the comprehension and understanding of the attendees. A passing score of at least seventy (70%) percent will be required from each person attending the training before a certificate shall be issued-unless the certified program requires a higher score.
6. Alcoholic beverages may not be consumed by the instructor or any attendee during the training program.
(e) All Certified Training Programs shall issue to any attendee who has successfully completed the program, a certificate which includes the following information:
1. Name of prospective server;
2. Name of entity providing the training; and
3. Date on which the server-trainee successfully completed the program.
(f) All Certified Training Programs shall permit access to Commission representatives. Failure to permit access to a Commission representative will result in the program licensee being required to show cause to the Commission why its certification should not be revoked.
(g) Each trainer shall submit a Trainer's Questionnaire to the Commission and must satisfy the requirements stated therein prior to the actual instruction of individuals.
(h) Each program applicant shall submit to the Commission a copy of all training materials (including video or audio materials used for their program).
(i) Within twenty-one (21) calendar days of the training date, the certified program instructor must provide to the Commission a list of all servers who have successfully completed the program - along with a fee of fifteen dollars ($15.00) for each individual.
(2) Each applicant or program licensee seeking to have an alcohol training program certified or renewed by the Commission shall submit a non-refundable fee along with the completed application according to the following schedule:
(a) In House Training Program - $300.00;
(b) Public Training Program - $700.00; or
(c) Law Enforcement Program - $300.00.
(3) Each instructor conducting alcohol awareness training classes must submit a one hundred and fifty dollar ($150.00) certification fee to the Commission, along with a completed questionnaire.
(4) Renewal of Program Certification.
(a) Program certification shall be valid for a period of one year from the date of issue.
(b) To prevent interruption of certification, the licensee must fulfill the following requirements prior to expiration date:
1. Provide the Commission a completed renewal application for certification to conduct a server training course - which includes any amended or updated materials; and
2. Appropriate renewal fee.
(5) Renewal of Instructor Certification.
(a) Instructor certification shall be valid for a period of one year from the date of issue.
(b) To prevent a lapse in certification, the instructor must fulfill the following requirements prior to the expiration date:
1. Provide the Commission an updated renewal application for certification; and
2. If the instructor is not a program designated instructor, then the instructor must submit a one hundred dollar ($100.00) renewal fee to the Commission.
(6) Neither program nor instructor certifications are transferable. Before a transfer of ownership of the program occurs, that new entity must first make application for certification to the Commission pursuant to the rules and regulations. The new business entity may not begin training until certified by the Commission.

Notes

Tenn. Comp. R. & Regs. 0100-08-.04
Original rule filed January 31, 1997; effective April 16, 1997. Amendment repealing and replacing the rule was filed March 10, 2010; effective June 8, 2010.

Authority: T.C.A. ยงยง 57-1-209;57-3-104(c)(4); 57-3-212(c); 57-3-710; 57-3-705(5); 57-4-201.

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