N.M. Admin. Code § 15.11.31.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 15.11.31.9 - PROVIDER, INSTRUCTOR AND PROGRAM CERTIFICATION; RENEWAL

A.Certification required: Any person seeking certification as a provider, instructor or program must submit an application to the director for approval in accordance with this section. An on-line program and a classroom program cannot be combined into one application.

B. Applications for providers and programs:

(1) Providers and instructors:

(a) the name and qualifications of the provider or the name and qualifications of the instructor(s), including a resume, references and the name of the certified program that applicant intends to administer;

(b) for providers, a surety bond from a surety company authorized to transact business in New Mexico, or other evidence of financial responsibility, covering all instructors in the amount of five thousand dollars ($5,000). Any independent contractor who obtains the right to own, teach or otherwise use a program, but is not covered under the provider's surety bond, will be required to obtain certification as a provider, including posting a surety bond as required in the alcohol server education article or providing other evidence of financial responsibility. The surety bond shall be continuous, shall name the division as payee, and shall assure the satisfactory performance of all contracts with students, including tuition refund agreements, and the maintenance of student records;

(c) for in-classroom providers and instructors, the physical addresses of each location where the program will be offered and the dates when the program will be offered. A maximum of 40 students per class or the maximum occupant load permitted by the state or local fire marshal, whichever is less, will be permitted;

(d) for on-line providers, the name and address of all entities owning, profiting, or both from the administration of the on-line course;

(e) fees that will be charged to take the program;

(f) for providers a copy of applicant's business license;

(g) for providers a copy of applicant's tax registration certificate;

(h) a form, prescribed by the director, authorizing a background check for all providers and instructors. Persons convicted of a felony or crimes of moral turpitude may not be certified as providers or instructors at the discretion of the director. Additional documentation regarding disposition of any charges may be requested by the director prior to approval of any application for certification;

(i) application fees in the amount of three hundred fifty dollars ($350) per provider and one hundred dollars ($100) per instructor; in instances where the applicant is applying to be both a provider and instructor, i.e. the provider and instructor are the same person, only the three hundred fifty ($350) application fee is required to be paid; and

(j) any other relevant information as may be required by the director.

(2) Programs:

(a) a description of program content that meets the minimum requirements contained in Subsection D of 15.11.31.9 NMAC and 15.11.31.10 NMAC, including a copy of the classroom program's handbook or a copy of the on-line program's quick reference materials to be distributed to and retained by students after satisfactory completion of the program. All programs should include real life examples and should be administered, at least in part, in an interactive way;

(b) all proposed programs must include a minimum of four and one-half (4 1/2) classroom hours or the equivalent for on-line programs;

(c) a copy of applicant's business license;

(d) a copy of applicant's tax registration certificate;

(e) for on-line programs:

(i) a description of the procedure for electronic transmission of the student's full name, address, personal identifier, driver's license or other government-issued identification number and state of issuance, date of birth, phone number, e-mail address, sex, height, weight, hair color, eye color, test score and test completion date within 10 days of a student's successful completion of the program, including a description of the security measures that will be taken to ensure that the information is stored and transmitted in a secure manner. The electronic transmission of the student's information should meet the data security standards prescribed by the payment card industry security council or the equivalent as determined by the director, and in a format approved by the director;

(ii) a description of any and all security measures taken to ensure that the person who is taking the course is the same person who will receive credit for taking the course and who will submit to the proctored exam at the end of the course;

(iii) proof to the satisfaction of the director that the average user will take at least four clock hours or the equivalent to complete course;

(iv) proof to the satisfaction of the director that students cannot fast-forward or skip through the course materials.

(f) any other reasonably relevant information as may be required by the director;

C.Completeness check: When the division receives an application for certification as a provider, instructor or program, the division will check the application for completeness.

(1) if the application is incomplete, the division will contact the applicant for additional information;

(2) if the application is complete, the division shall review the application.

D.Standards for certification: An application for certification may be granted if the standards identified in this section are met.

(1)Providers and instructors: In reviewing applications for certification as a provider or instructor the division shall consider:

(a) whether all the information required by these rules has been submitted and is accurate and valid;

(b) the qualifications and references of the applicant, including whether the applicant has 3 or more years of experience related to the sale or service of alcoholic beverages;

(c) the results of the background check;

(d) whether applicant is 21 years of age or older;

(e) whether applicant has ever been found guilty of or admitted guilt to a violation of the liquor control act;

(f) whether applicant intends to teach a program certified by the state of New Mexico in accordance with these rules;

(g) any other reliable and relevant information, as determined by the director.

(2)Programs: In reviewing applications for certification as a program the division shall consider:

(a) whether the information required by these rules has been submitted and is accurate and valid;

(b) whether the program includes all content required by law, currently contained in Subsection B of 60-6E-5 NMSA 1978;

(c) whether the program includes comprehensive training on how to detect obvious signs of intoxication, focusing both on the sale of alcohol for off-premise and on-premise consumption;

(d) whether the program includes an up-to-date sample photo of a driver's license issued to a minor by the New Mexico motor vehicle division of the New Mexico department of taxation and revenue and training on how to detect a fake or fabricated identification card;

(e) whether the program includes photos and examples of bars, restaurants, convenience stores and other retail settings, including self-checkout, to ensure a balance in preparing servers to sell alcohol for consumption both on-premise and off-premise;

(f) whether the program includes management-specific training, including strategies for management to support servers working under their supervision;

(g) whether the program is reviewed and revised annually to ensure current comprehensive training;

(h) whether the program is interactive and includes real life instructional examples;

(i) for on-line programs whether it is easy to navigate and user-friendly; and

(j) any other reliable and relevant information, as determined by the director.

(3) In addition to the other standards listed above, all providers and instructors shall hold current server certification at all times when providing instruction.

E.Expiration of certification: Provider, instructor and program certificates expire on December 31 each year.

F.Renewal: Renewal applications for provider, instructor and program certifications must be submitted no later than November 30 of each year. Renewal applications must include renewal fees in the amount of three hundred and fifty dollars ($350) per provider, one hundred dollars ($100) per instructor. Late renewal applications will be subject to a late fee of thirty dollars ($30) per day.

(1) Renewal applications for providers and instructors must include names and qualifications of the provider or instructors and proof that the provider is covered by a surety bond in the amount of five thousand dollars ($5,000) of a surety company authorized to transact business in New Mexico;

(2) Renewal applications for programs shall include a summary of all proposed changes to program content from the prior year and any updates that have been made or will be made to the program, including where those changes can be found in the program materials. At a minimum, programs must be updated annually to reflect changes to the law, updated statistical information and an up-to-date sample photo of a driver's license issued to a minor by the New Mexico motor vehicle division of the New Mexico department of taxation and revenue if applicable.

G.Pro-rated fees: The initial certification fee for providers, programs and instructors will be prorated, as follows:

(1) certification obtained before April 1 of any year will be subject to the full amount of the annual certification fee;

(2) certification obtained on or after April 1 and before July 1 will be subject to three-fourths of the annual fee;

(3) certification obtained on or after July 1 and before October 1 will be subject to one-half of the annual fee; and

(4) certification obtained on or after October 1 will be subject to one-fourth the annual fee.

H.Transferability: Provider, instructor and program certifications are non-transferrable.

I.Probation, suspension or revocation: The director may place a provider or instructor on probation if the director has a reasonable belief that the provider or instructor is not in compliance with one or more of the requirements of the statutes or division rules. The director shall send a notice of probation to the provider, instructor or both specifying the provisions with which the provider or instructor is not in compliance along with an order to show cause why the provider or instructor certification should not be suspended. If the provider or instructor fails to show cause why his or her certification should not be suspended, the director may suspend the provider or instructor certification for a reasonable period of time. The director shall determine the period of probation or suspension depending upon the number and nature of the violations. If the provider or instructor is placed on probation, the director shall review the provider or instructor's operations periodically during the probationary period. At anytime, a provider or instructor that is placed on probation or suspension may request a hearing. The director may only revoke a provider or instructor certification for cause after a hearing.

J.Cancellation: A provider or instructor certification shall automatically be cancelled if the provider or instructor ceases to offer classes for 60 days or more, or upon written notice form the provider.

N.M. Admin. Code § 15.11.31.9

7/1/97; 3/15/99; 7/15/99; 2/29/00; Recompiled 12/31/01, Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017