Section 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-premises consumption licensees must maintain a readily accessible physical or electronic copy of server permits issued to all alcohol handling employees.(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 reinstated 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.Tenn. Comp. R. & Regs. 0100-08-.05
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. Amendments filed February 9, 2024; effective 5/9/2024.Authority: T.C.A. §§ 57-1-209, 57-3-104, 57-3-212, 57-3-705, 57-3-710, and 57-4-201.