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(1) In order for a responsible alcohol sales and service training curriculum to be valid for purposes of Title 16, Ch. 4, part 10, MCA, and the rules in this subchapter, the training provider must submit its curriculum to the department for approval. All training providers shall meet the following submittal requirements for approval. In order to have their curriculum approved, a training provider must submit:

(a) a hard copy of the curriculum and student workbook;

(b) a hard copy of the trainers' workbook or guide;

(c) a hard copy of all participant handouts;

(d) a hard copy of the course exam along with the answer sheet;

(e) a hard copy of any training supplement specific to the state of Montana;

(f) a hard copy of the program proof of completion document issued to participants; and

(g) a copy of all videos or other visual aids used in the training program.

(2) The department strongly supports and recommends the use of an interactive discussion format for both classroom and online curriculums.

(3) The department supports and recommends the use of community-based expert presenters during the training, e.g., a law enforcement officer to present information regarding false identifications, a health expert to present information pertaining to how alcohol affects the body, and an attorney to present potential liability and penalty issues.

(4) If submitting an online program, the training provider must also make the program in its online format available for the department to review.

(5) The training provider must provide the contact information to be listed on the department's web site regarding the training provider including:

(a) company name;

(b) address;

(c) phone number;

(d) e-mail; and

(e) web site addresses.

(6) In order for a responsible alcohol sales and service training curriculum to be approved by the department, the curriculum must provide at least three hours of instruction and meet course minimum standards to include the following content:

(a) the effects of alcohol on the human body, to include behavior cues and absorption rate factors;

(b) information on standard drink sizes and equivalency;

(c) information, including but not limited to, a review of Montana alcoholic beverage laws and criminal, civil, and administrative penalties related to 16-3-301, 16-6-304, and 27-1-710, MCA;

(d) an explanation of the three types of liability, their full consequences, and the importance of not selling or serving to underage and intoxicated persons;

(e) procedures for checking identification and the acceptable forms of identification;

(f) procedures for gathering proper documentation that may affect the licensee's liability, including maintaining an incident log, training records, licensee's policies, and conditions of employment;

(g) training for handling difficult situations, such as persons who exhibit uncooperative, disruptive, or intimidating behavior;

(h) evaluation techniques regarding intoxicated persons or others who pose a potential liability, and recommended approaches for refusing sales or service;

(i) a final test that includes questions concerning alcohol and its effect on the body and behavior, recognizing and dealing with the problem drinker, Montana liquor laws, and terminating service. The portion of the exam concerning Montana liquor laws shall consist of uniform questions approved by the department. To keep the integrity of training, the program should have different tests that are used randomly; and

(j) the participant must pass the final test with a minimum score of 80 percent.

(7) The curriculum must be delivered in a manner that accomplishes results based on an empirical objective evaluation and the department may periodically conduct a review of approved training to ensure that curriculum delivery meets the minimum standards.

(8) The department will continually strive to improve the effectiveness of both the training and the testing and will consider, among other factors, the future rate of violations by servers as a percentage who have undergone each type of training and testing. If the department determines that a particular training or testing method is less successful than others, the department may require improvements in the less successful training or testing methods, or choose to not continue certification of such training.

(9) Training providers must resubmit their curriculum to the department every two years for approval.

(10) Based on the criteria within this rule, training providers approved prior to its adoption must seek and obtain re-approval within 90 days of the rule's effective date. Training providers approved prior to the effective date of this rule may continue to provide training within the 90 days following the effective date while they are seeking the department's re-approval. Any previous approval by the department will otherwise expire 90 days following the adoption of this rule.

(11) Course exams must be graded by the training provider and not the individual trainer who instructed the course participants.

(12) Proof of training must be issued by the training provider and not the individual trainer who instructed the course participants.

(13) Within 30 days of each training session, training providers must:

(a) issue a certificate to each participant who successfully completed the training and passed the test that includes:

(i) full name;

(ii) date of birth; and

(iii) date of training.

(b) provide electronic notification to the department, in a format prescribed by the department, the following information for all participants:

(i) the training provider's name;

(ii) the date of training;

(iii) the type of training (i.e., online, classroom, or both);

(iv) the participant's full name;

(v) the participant's date of birth; and

(vi) the participants passing or failing score.

History: 16-4-1009, MCA; IMP, 16-3-301, 16-4-1001, 16-4-1002, 16-4-1003, 16-4-1004, 16-4-1005, 16-4-1006, 16-4-1007, 16-4-1008, 16-6-304, 16-6-305, MCA; NEW, 2012 MAR p. 122, Eff. 1/13/12.

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