Section 168 - Training Provider Application and Standards for Approval by the Department(a) To seek departmental approval to be a training provider, an individual or business entity must submit the following information and items to the department through its online certification system to complete an application: (1) Legal entity name and DBA of the applicant;(2) Applicant's type of business entity, together with a copy of all founding 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 proposed RBS training course, consisting of an electronic program, electronic files, recordings, transcripts, or course outline to be approved by the department, and an itemized and tabulated record of how the proposed RBS training course complies with California Code of Regulations Title 4 §§ 161-166;(10) Written explanation of the interactivity elements to be used in its proposed RBS training course required by California Code of Regulations Title 4 § 161 (b);(11) A copy of the handouts, electronic files, or transcripts detailing the RBS training course content provided to alcohol servers for their use after completing the RBS training course as required by California Code of Regulations Title 4 § 161 (c);(12) Am materials submitted to the department pursuant to this section that are in a language other than English, shall be accompanied by cm English translation and a declaration from the training provider's translator that the translation is a true English translation from the language other than English;(13) An affidavit explaining in writing how the applicant's business entity, and each owner and officer, comply with the training provider approval criteria found in California Code of Regulations Title 4 § 168(b);(14) A list of all arrests and all convictions for each owner and officer of the applicant's business entity; and(15) The initial review fee set forth in California Code of Regulations Title 4 § 168.3(m)(1).(b) Department's approval criteria for training providers:(1) A training provider must, in its affidavit required under § 168(a)(12), demonstrate that its RBS training course was created by persons with a background and experience in the fields of alcohol service, training, hospitality, and psychology to meet the requirement in Business and Professions Code § 25681(b)(1)(A). Each required field may be covered by a different individual involved in the creation of the RBS training course whether owner, employee, or consultant. Background and expertise may be demonstrated by degrees, certifications, trainings, or work experience;(2) A training provider's proposed RBS training course(s) must comply with the minimum standard curriculum as set forth in California Code of Regulations Title 4 §§ 161-166 herein and be approved by the department or an accreditation agency prior to its use;(3) Training providers must comply with the requirement in Business and Professions Code § 25681 (b)(1)(B) for keeping records of alcohol server certifications issued. Training providers may use the department's online certification system as a compliant record keeping program;(4) Training providers must comply with the requirement in Business and Professions Code § 25681 (b)(1)(C) to have the ability to give technical support required for alcohol servers to complete their RBS training course; (A) For purposes of this subsection, "technical support" means service, help, or advice provided by the training provider to a person who is attempting to be certified through any electronic system used by the training provider for the collection of student data for registration with the training provider or dissemination of its RBS training course or associated required materials.(5) Training providers must comply with the requirement in Business and Professions Code § 25681 (b)(1)(D) for data security protocols for any collected alcohol server information, online payments, and alcohol server certification records kept outside the department's online certificate system; and(6) Training providers' 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 a training provider application, the prospective training provider will have 60 days to respond from the date the department's request is issued. If the prospective training provider does not respond in the specified time period, the application will be deemed abandoned and withdrawn. The training provider's response is considered received the day it is delivered to ABC either electronically, in person, or by mail.(d) If an approved training provider has a change in ownership or officers, the training provider must resubmit the information pursuant to California Code of Regulations Title 4 § 168(a)(1)-(8) within 30 days of the change to allow the department to investigate and ensure its continued compliance with the regulations under this section. The training provider must also provide an ownership or officer update investigation fee as specified pursuant to California Code of Regulations Title 4 § 168.3(m)(3). (1) If a training provider fails to notify the department of a change in ownership or officers within the 30-day time limit set forth in this subsection, they will be subject to discipline pursuant to California Code of Regulations Title 4 § 168.3(g)(5).Cal. Code Regs. Tit. 4, § 168
1. New section filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).
2. New subsection (a)(12), subsection renumbering, amendment of newly designated subsections (a)(14)-(15) and new subsections (d)-(d)(1) filed 8-1-2022; operative 8-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31). Note: Authority cited: Sections 25681(a), 25681(b) and 25685(a), Business and Professions Code. Reference: Sections 23009, 24200(d) and 25681, Business and Professions Code.
1. New section filed 5-20-2020; operative 5/20/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).
2. New subsection (a)(12), subsection renumbering, amendment of newly designated subsections (a)(14)-(15) and new subsections (d)-(d)(1) filed 8-1-2022; operative 8/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31).