1. (a) The Texas Alcoholic Beverage Commission shall receive written notification from each school at least three business days prior to the session date. 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 within three business days of the scheduled session date.

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; and
   4. (4) access to a restroom.
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 classroom presentation must be consistent with the approved program.
7. (g) Discussion must be pertinent to responsible alcoholic beverage sale and service.
8. (h) Each program session will be presented in a continuous block of instruction. While instruction shall 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.
9. (i) 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.
10. (j) 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.
11. (k) All tests shall be administered on a closed book basis.
12. (l) 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.
13. (m) Each test must be maintained by the school for a period of at least four years and be made available to the commission upon written request.
14. (n) 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.
15. (o) Each Report of Seller Training shall contain the name, social security number and date of birth of each student in that class who has completed the training program and has passed the required test.
16. (p) 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 may from time to time direct.

17. (q) The Report of Seller Training shall be accompanied by a payment in the amount of $2.00 per trainee.

    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.
18. (r) The administrator shall send the certificates to the school which trained the trainees. Upon receipt, the school shall make a good faith effort to promptly transmit each certificate to the appropriate trainee. Failure to comply with this requirement is grounds for revoking or suspending approval of the seller training program administered by that school.

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.