Tenn. Comp. R. & Regs. 0100-08-.05 - MISCELLANEOUS PROVISIONS
(1) Server
Applicants with Special Needs. Persons with special needs (for example, an
inability to read and/or write in English, hearing impairment, etc.) must
contact the program licensee at least one week in advance of the training date
to request specific assistance in completing that program. Notwithstanding any
other provision of these rules, the program licensee and the Commission shall
endeavor to provide a reasonable accommodation when requested on a case by case
basis in compliance with state and federal law.
(2)
(a) A
score of at least seventy percent (70%) is required to satisfy the written
examination upon the completion of the training which will entitle the server
to the certificate. However, if a certified program requires a higher test
score to successfully complete their program, then the server must meet that
program's test requirement.
(b) Any
attendee failing to attain this passing score should contact the program
licensee to schedule a second examination within thirty (30) days.
(c) If the second examination is not
scheduled with the certified program after failure of the initial exam within
the thirty (30) days, then the attendee will be required to attend a second
training in its entirety to obtain the certificate.
(3) Commission Training Program. To further
implement the policy and standards of the T.C.A. §
57-3-701 et seq, the Commission
may conduct its own program for servers. The cost to each server in attendance
will be $40. While attendance at a Certified Training Program for alcohol
awareness is required for any server to obtain a server permit, it is not
necessary that such server attend the Commission program. The Commission will
conduct such training upon a finding by the Commission that it is necessary for
the Commission to conduct the training because of the lack of substantial,
active, and decreasing number of certified server trainers.
(4) Server Permit to be Available for Review.
On-premise consumption licensees shall have on their premises and available for
review at least a copy of the server permit issued for each server .
(5) Refusal of Cooperation. Any certified
training program or certified trainer, his agent, or employee who refuses to
open or disclose his records to, or furnish information to, or who furnishes
false and/or misleading information to an Agent or representative of the
Tennessee Alcoholic Beverage Commission upon any matter relating to or arising
out of the conduct of the licensed premises shall subject the license to
revocation or suspension.
(6) Upon
written notification from a certified program that a certified trainer is
prohibited from conducting its course, then that trainer shall immediately
cease conducting such classes. The Commission will not accept any classes
conducted by that trainer under that program until such time as the trainer is
re-instated by the certified program.
(7) Certified trainers shall not represent or
advertise to servers or any member of the general public that server permits
will be issued by the Commission within a specific length of time unless
authorized to do so by the Commission .
Notes
Authority: T.C.A. §§ 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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