Utah Admin. Code R392-103-7 - Exam Requirements

(1) A training provider shall use the bank of food handler exam questions issued by the Department and obtained through application to the Department, or a Department approved set of questions as described in Subsection R392-103-7(2). Exams shall contain 40 multiple choice questions with 10 randomly selected questions from each content section listed in Subsection R392-103-6(2)(a) through R392-103-6(2)(d). A training provider shall routinely rotate exam questions from the exam question bank, and randomize the order of exam questions as well as the answer order of the multiple-choice questions.

(2) If a training provider elects not to use the Department issued questions, the training provider may request approval of a different bank of exam questions. For approval, the training provider shall pay to the Department a fee to review the exam questions. The fee shall reflect actual costs, but shall not exceed $500. The training provider shall also submit to the Department the proposed bank of at least 200 exam questions organized by the required content sections and covering the learning objectives listed in this rule with at least 25 questions from each content section. In addition, the training provider shall contract, at their own expense, with a Department approved independent instructional design and testing expert to evaluate the proposed bank of exam questions. The independent instructional design and testing expert shall analyze a training provider's bank of exam questions to determine if the exam questions effectively measure the applicant's knowledge of the learning objectives outlined in this rule and meet the appropriate testing standards for question structure. To be approved, the independent instructional design and testing expert must provide the Department with a positive recommendation based on the expert's analysis. The Department must approve any change in the provider offered bank of exam questions before implementation. Exam approval is good for three years, after which a provider shall reapply for exam approval.

(3) If the Department finds that a question inadequately tests comprehension of the learning objectives, the Department may invalidate the question and may require the training provider to revise or remove the exam question. A training provider shall update any invalidated exam questions no more than 30 days after receiving written notice from the Department.

(4) In order to pass the required exam, a food handler applicant shall correctly answer at least 75% of the exam questions.

(5) A training provider may offer a written, oral, or online food handler exam. As circumstances dictate, a training provider may offer an oral exam individually to a food handler applicant having language or reading comprehension difficulties or other mental or physical limitations that may interfere with the applicant's ability to complete a written or an online exam.

(6) A t r aining provider shall implement procedures to prevent cheating on exams. A training provider shall ensure that exam questions are protected from:

(a) unauthorized access;

(b) copy or alteration; and

(c) access to food handler applicants outside of established exam time.

(7) A training provider shall provide the following information to a food handler applicant at the beginning of the course:

(a) food handler permits are valid for 3 years statewide; and

(b) lost or misplaced permits may be reissued by the applicant's local health department for a fee.

(8) A training provider shall inform a food handler applicant, at the beginning of the course, that the food handler applicant is strictly prohibited from engaging in any of the following practices:

(a) downloading exams onto a flash drive or other portable electronic device;

(b) distributing the exam in any way to another person;

(c) taking notes during the exam;

(d) using a cell phone or other recording device during the exam; o r,

(e) conversing with any other person or receiving aid to answer questions during the exam process.

(9) A training provider shall invalidate the certificates of any food handler applicant involved in the violation of any of the exam security requirements listed in Subsection R392-103-7(8). A food handler applicant involved in violation of the exam security requirements shall receive a certificate from a training provider only after the food handler applicant has successfully completed an additional training course and a proctored exam.

(10)

(a) A training provider shall maintain records for at least three years of each food handler applicant's:

(i) name;

(ii) mailing address;

(iii) email address;

(iv) primary phone number;

(v) date of birth;

(vi) date of exam;

(vii) exam score;

(viii) certificate expiration date; and

(ix) name of instructor.

(b) A training provider shall provide this record to the local health department receiving application from the food handler applicant within seven days as required in Subsection R392-103-4(5).

(11) A training provider shall implement procedures to prevent the duplication of certificates such as the use of a void pantograph, invisible watermarks, copy-evident or security paper, or the use of electronic copy protection features.

(12) A training provider shall proctor any exam offered in person either in written form or on a computer located at the training facility.

(13) A training provider shall require a food handler applicant to provide a signature attesting that the applicant has complied with exam requirements.

(14) A training provider shall offer a course and exam evaluation to food handler applicants.

(15) An internet-based training provider shall implement procedures to reasonably inhibit fraudulent attempts to circumvent the food handler training and exam requirements in this rule such as a person taking an exam in place of another person. A training provider shall implement procedures to reasonably ensure a food handler applicant taking an approved course and exam is focused on training materials and actively engaged throughout the training period.

(16) An internet-based training provider offering an exam over the internet shall meet the following additional protocols:

(a) The training provider shall log the start and end time of each online exam.

(b) The training provider shall monitor any repeat attempts to pass an online exam, and shall require a food handler applicant to retake a food handler training course after three failed attempts to pass the exam.

(c) The training provider shall track the Internet Protocol (IP) address or similar electronic location identifier of a food handler applicant who begins an online exam.

(d) The training provider shall require a food handler applicant to provide an electronic signature before taking an online exam to attest that the applicant will comply with exam requirements.

(e) The training provider shall require a food handler applicant to provide all applicant information required by this rule and shall electronically link the information to the exam before the exam may be offered.

(f) The training provider shall present a minimum of four pre-exam questions at the end of each learning section. The food handler applicant shall correctly answer 75% of the pre-exam questions before being allowed to proceed to the next section. The training provider shall ensure that the food handler applicant completes all pre-exam questions before proceeding to the online exam.

(g) The Department and local health officers will evaluate exam protocols during the training program approval process. The Department may audit the training program at any time to determine that the existing protocols are preventing fraudulent activities.

(17) An internet-based training provider shall maintain all documentation of fraud prevention measures required in Subsection R392-103-7(16)(a) through R392-103-7(16)(e) for 3 years, and may be required to submit copies of this documentation to the Department in response to any of the following events:

(a) upon initial application submittal to the Department for food handler training program approval;

(b) when applying to the Department for training program revalidation as required in Subsection R392-103-8(5);

(c) during an audit by the Department; or

(d) at the written request of the Department.

(18) An internet-based training provider shall provide technical support to users by way of the internet, phone, or other method in case technical difficulties occur.

(19) An internet-based training provider shall monitor exam protocols and perform a self-review at least monthly to assess that the system is working and to ensure that each exam meets exam protocols before issuing a certificate.

Notes

Utah Admin. Code R392-103-7

Adopted by Utah State Bulletin Number 2017-22, effective 10/25/2017 Amended by Utah State Bulletin Number 2020-19, effective 9/15/2020