1. (a) The Texas Alcoholic Beverage Commission shall receive written notification, including electronic notification, from each school to schedule sessions. At least three-fourths of the session notices shall be received at least three business days prior to the session date for classes held each month. One-fourth of the session notices may be received less than three business days but no later than the next business day after the session is held. Schools which average four or less sessions per month may not exceed the one-fourth of the session notices being late over any fiscal year quarter, September through August. Said notice shall include the date, time, and location of each class and shall be received in the headquarters of the Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711 or local field office on forms prescribed by the commission. The commission must be notified by phone or fax of session cancellations prior to the actual session date except when cancellation cannot be anticipated before the session's scheduled start. When cancellation cannot be anticipated, the commission must be notified by the tenth day of the month for each session cancelled during the previous month.

2. (b) All training facilities shall meet the requirements of the Americans with Disabilities Act (ADA) and contain:

   1. (1) adequate seating facilities for all students;
   2. (2) appropriate space to ensure that visuals can be seen from all seating positions;
   3. (3) private space to limit distractions;
   4. (4) access to a restroom; and
   5. (5) alcoholic beverages cannot be consumed by anyone attending the class instruction sessions or breaks.
3. (c) Sessions may be monitored unannounced to evaluate the program content, trainer presentation and the classroom environment.
4. (d) Programs approved for licensees/permittees or hotel management companies shall be limited to employees of the said licensee, permittee, or hotel management company.
5. (e) No class may exceed 50 trainees. Trainees who arrive more than 15 minutes after the start of the program session shall be denied admission to the session.
6. (f) The identity of each trainee must be verified by the trainer.
7. (g) The classroom presentation must be consistent with the approved program.
8. (h) Discussion must be pertinent to responsible alcoholic beverage sale and service.
9. (i) Each program session will be presented in a continuous block of instruction. While instruction may be interrupted for brief breaks, these should be limited in number and duration. The program must be presented in its entirety to each student in a language approved for use by the instructor.
10. (j) Each trainee is to be tested immediately following the conclusion of instruction at the program session he or she attends. Testing of session participants at any other place or time is prohibited unless previously approved as a part of the program.
11. (k) Each trainee must correctly answer at least 70% of the questions found on the test administered to him. Schools are encouraged to set higher completion standards. Trainees who receive failing scores may be immediately retested once. Otherwise, trainees must repeat the course in full.
12. (l) All tests shall be administered on a closed book basis.
13. (m) At the trainer's discretion the test may be offered in a language best understood by the trainee. Bilingual instructors may, in response to direct inquiries, clarify test questions using another language.
14. (n) Each test must be maintained by the school for a period of at least four years and be made available to the commission upon request.
15. (o) Reports of Seller Training shall be made by the training entity or school to the commission. Reports must be delivered or postmarked within 30 calendar days of the date on which the session was held upon forms prescribed and approved by the administrator or administrator's designee.
16. (p) Each Report of Seller Training shall contain the certificate number, test score, name, social security number and date of birth of each student in that class who has successfully completed the training program and has passed the required test.
17. (q) The certified trainer who actually conducted the program shall personally sign the Report of Seller Training verifying that each designated student has successfully completed the program approved by the commission on the date indicated and shall verify such other facts as the administrator or administrator's designee may from time to time direct.
18. (r) The certified trainer who actually conducted or administered the program shall personally sign the certificate and verify that all information entered on the certificate is correct. The certificate shall be issued to the appropriate trainee only after successful completion of the seller training program. Failure to comply with this requirement is grounds for revoking or suspending approval of the trainer's certificate and seller training program administered by that school.

19. (s) The certificates shall not be issued to a school by the commission until the commission has received advance remittance of $2.00 per certificate. Certificates shall be issued by the commission upon written request of a school on forms provided by the commission together with the proper remittance. The commission shall issue certificates to any approved school only in quantities of at least 50 certificates at one time. If larger quantities are requested, the same shall be issued only in multiples of 50; provided, however, that the administrator's designee is hereby empowered to authorize different multiples if necessary to conform with changes in the method of production of certificates.

    1. (1) Any payment under this subsection which is dishonored must immediately be replaced by a cashier's check, certified check or United States postal money order.
    2. (2) Any training entity or school which has two dishonored payments within a 12 month period must make subsequent payments of this fee by a cashier's check, certified check or United States postal money order until 12 months have elapsed since the last payment was dishonored.
    3. (3) No refunds will be made on voided certificates. Certificates can only be used by the school to which they were issued by the commission.
    4. (4) All seller training schools which have gone out of business shall surrender all unused certificates for a refund. This request shall be on a form prescribed and provided by the commission.
    5. (5) The copies of all certificates issued shall be kept for a period of four years.
20. (t) The amendments to paragraphs (a), (b), (f), (o), (p), (q), (r) and (s) of this rule, adopted on April 24, 2000, shall become effective on September 1, 2000.

Source Note:The provisions of this §50.4 adopted to be effective August 2, 1994, 19 TexReg 5634; amended to be effective August 27, 1997, 22 TexReg 8040; amended to be effective April 13, 1999, 24 TexReg 2933; amended to be effective September 1, 2000, 25 TexReg 4726.