Title 40—LIQUOR LIQUOR CONTROL BOARD [40 PA. CODE CH. 5] Responsible Alcohol Management Program [40 Pa.B. 3494]
[Saturday, June 26, 2010]The Liquor Control Board (Board), under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)), amends Chapter 5 (relating to duties and rights of licensees).
Summary
This final-form rulemaking implements section 471.1 of the Liquor Code (47 P. S. § 4-471.1). Under the act of December 20, 2000 (P. L. 992, No. 141) (Act 141), the General Assembly authorized the Board to establish a training program for licensees. The Commonwealth expects holders of its liquor and beer licenses to meet demanding standards of operation or face fines and other penalties that can culminate in the loss of the license. Training of licensees was seen to be one of the best ways to prevent these problems and the legislation was the means to implement training. The legislation was entitled ''Responsible Alcohol Management.'' From this, the implementing program took its name: the Responsible Alcohol Management Program (RAMP). RAMP has been established in the Board's Bureau of Alcohol Education (BAE) since 2001. RAMP has developed training materials, authorized instructors and provided a certification process for licensed establishments. It is expected that this final-form rulemaking will serve the public interest by: (1) providing the public and the licensees with greater awareness of RAMP's resources; (2) providing the licensed community with a clear statement of the licensee, manager and server training standards that implement the legislation's intent; and (3) clarifying how the certification and decertification process for licensees is being implemented.
The following is a summary of the four main sections of this final-form rulemaking:
• Explains how instructors are approved to train retail licensees to manage their alcohol service more responsibly.
• Defines qualifications for certifying and decertifying instructors.
• Explains training of managers and owners and how managers shall train new employees for a licensee to be RAMP-certified.
• Effect of RAMP certification is explained as are the requirements for signs to be posted in the licensed premises.
Further, under section 471.1(f) of the Liquor Code, licensees are to obtain certification upon the completion of a certified alcohol service personnel program or the Board's owner/manager training program. Certification is valid for 2 years.
Originally, RAMP was primarily a voluntary program. Act 141 also created incentives for licensees to become RAMP certified. If a licensee was RAMP certified and was adjudicated to have violated two of the more serious violations of the Liquor Code (sales to minors or sales to visibly intoxicated persons) and if the licensee did not have similar violations in the previous 4 years, the range of penalties to which the licensee would be subject would be reduced to a fine in the range of $50 to $1,000. Without RAMP certification, the range of penalties would be $1,000 to $5,000.
By the act of April 13, 2006 (P. L. 78, No. 26), administrative law judges were enabled to make RAMP certification mandatory for licensees adjudicated to have sold alcohol to minors or to visibly intoxicated persons. A citation may be issued if the licensee fails to comply with an administrative law judge's order to complete RAMP training. Further, the Board's Bureau of Licensing may object to a license renewal application on the basis that a licensee has failed to comply with the terms of an administrative law judge's order.
Moreover, a licensee may be required to participate in RAMP training because it agreed to undergo training under the terms of a conditional licensing agreement entered into between the Board and the licensee. A licensee's failure to undergo the training under the terms of a conditional licensing agreement may result in the issuance of a citation. Further, the Board's Bureau of Licensing may object to a license renewal application on the basis that a licensee has failed to comply with the terms of a conditional licensing agreement.
Finally, a licensee may voluntarily choose to undergo RAMP training and certification to allow its owners, managers, servers, sellers and other employees to benefit from the Board's BAE instruction on the responsible service of alcoholic beverages.
Before Act 141, employees of the Board were the instructors, providing server/seller training. After the passage of Act 141, the decision was made by the Board to have approved independent instructors provide server/seller training. The Board planned to approve both the instructors and the training curriculum they would use. As the number of instructors increased, the administrative burden of approving a training curriculum for each one also increased and became almost unmanageable. When this rulemaking was proposed, to deal with the increasing administrative workload, it was planned that instructors would receive a standardized, preapproved training curriculum from a ''provider.'' Providers would develop the training curriculum, have the Board approve it and then provide administrative and clerical support to the instructors. However, this plan did not develop as originally intended.
The BAE's principal connection has been, and continues to be, with the individual instructors. The instructors prepare and present their curricula to the BAE for approval. Of the 33 currently certified instructors, nine have presented curricula that incorporate the National training program prepared by Training for Intervention Procedures (TIPS). Five instructors have presented curricula that incorporate the training program prepared by the Tavern Association and two have presented curricula that incorporate the National training program prepared by ServSafe. The remaining 17 instructors have written their own curricula that are identified by various names of their own choosing.
As a result, there has been widespread confusion among licensees that are trying to obtain training with the aim of becoming RAMP certified. Employees of the BAE are called by licensees to clarify the compliance of these training curricula with the requirements of RAMP. In the years since RAMP began operating, only two entities have developed their own curricula and have provided administrative and clerical support to instructors—the Tavern Association and Tara Paster, who is also a certified instructor. As a result, between the time of the proposed rulemaking, published at 38 Pa.B. 499 (January 26, 2008), and the present, the procedure for training licensees and their servers/sellers has changed.
Since the proposed rulemaking was published, the BAE developed a standard training curriculum for use by instructors, thereby eliminating the reliance on providers to develop curricula for instructors. It should be noted that most instructors currently provide training without having a relationship with a particular provider. Further, nothing in the Liquor Code requires both ''providers'' and ''instructors''; rather, section 471.1(b) of the Liquor Code merely provides that the Board is authorized to certify and decertify entities that wish to offer training for alcohol service personnel. In recognition of these policy changes, proposed §§ 5.221 and 5.222 (relating to providers) dealing with the qualifications of providers and the Board's certification of providers have been withdrawn in the final-form rulemaking as no longer relevant. As required under section 471.1(c) of the Liquor Code, the BAE will continue to train managers and owners.
The final-form rulemaking provides that an instructor who fails to satisfactorily carry out the instructor's responsibilities, as provided in § 5.232 (relating to instructor responsibilities), or fails to meet the minimum standards of training, as provided in § 5.233 (relating to minimum standards of training), would receive an ''unacceptable evaluation'' under § 5.251(a)(9) (relating to prohibited conduct). Examples of conduct which would warrant an unacceptable evaluation include, but are not limited to, failing to provide students with current and accurate information, failing to provide accurate records of attendance and course completion to the BAE, failing to conduct at least 2 1/2 hours of instructional time in each training, exceeding the ratio of students per instructor and failing to properly administer the standardized test prepared by the BAE.
It should be noted that the proposed rulemaking contained the term ''unsatisfactory,'' which has been changed in the final-form rulemaking to the term ''unacceptable.'' This change was made to reflect the terminology used in BAE's current evaluation form, which contains the following categories: Outstanding; Acceptable; Needs Improvement; and Unacceptable.
Further, it should be noted that, whereas in the proposed rulemaking, the Board has the discretion to decertify instructors who received three unsatisfactory evaluations, the final-form rulemaking provides that the Board has the discretion to decertify instructors who receive one or more unacceptable evaluations. This was changed in light of the fact that the final-form rulemaking, as previously noted, clearly puts instructors on notice of the type of conduct which would warrant an unacceptable evaluation from the BAE. Accordingly, the Board believes that an instructor having at least one unacceptable evaluation is sufficient to allow the Board to evaluate whether that instructor should be decertified.
Finally, it should be noted that the duration of an instructor's certification has been modified in the final-form rulemaking from 2 years to 1 year in § 5.231(3) (relating to instructor certification). This has been changed to reflect the BAE's current practice of annually evaluating instructors since the proposed rulemaking was published. This modification is also referenced in the preamble.
Affected Parties
The final-form rulemaking will affect retail and wholesale licensees and applicants for certification as instructors. As an active, ongoing program, many in this Commonwealth have already had experience with RAMP. There are about 15,000 licenses active in this Commonwealth that authorize the sale and service of alcohol for on-premises consumption. As of January 15, 2010, 2,300 licensees are certified under RAMP; since the inception of RAMP, 3,861 licensees have been RAMP-certified. A total of 7,559 licensees have participated in the owner/manager trainings since the inception of RAMP; a total of 17,769 individuals have received instruction under the owner/manager trainings. A total of 8,200 licensees have participated in the server/seller trainings since the inception of RAMP; a total of 111,348 individuals have been instructed under the server/seller trainings.
There are currently 33 certified instructors who provide server/seller training. Owner/manager trainings are conducted only by designated staff of the BAE, as mandated under section 471.1(c) of the Liquor Code. Only the Tavern Association and Tara Paster have functioned as providers, providing both curricula and administrative support to instructors. These entities may be adversely affected to the extent that they will not be eligible for certification by the Board as a provider. Both parties have been notified about the development of the standardized curriculum and the anticipated change in the regulations.
TIPS is a National provider of training curricula, but not administrative support, to instructors. TIPS is a program of Health Communications, Inc., located in Arlington, VA. TIPS has been advised that the BAE plans to implement its own standard training curriculum. TIPS may be adversely affected by this final-form rulemaking to the extent that TIPS will not be eligible for certification by the Board as a provider.
Paperwork Requirements
Because this final-form rulemaking codifies an ongoing program, the final-form rulemaking will not significantly increase paperwork for the Board or the regulated community.
Fiscal Impact
RAMP training and certification has been in effect under section 471.1 of the Liquor Code since 2001. The current annual cost of RAMP to the Board is $1,011,551.37. Like all of the Board's operating costs, it is funded fully from the proceeds of selling liquor, not from a General Fund appropriation. Because RAMP is mandated by law, its costs cannot be avoided completely. Balanced against the cost of RAMP to the Board is the unquantifiable benefit to the public from licensees and server/sellers that receive training in the practical and legal aspects of alcohol management.
The regulated community (licensees authorized to sell alcohol to the public, including restaurant, hotel, club, eating place retail dispenser, distributor and importing distributor licensees) would not incur costs or savings unless they use RAMP. Because certified instructors, and not the Board, provide seller/server training, the Board can only estimate the cost of training. The Board estimates that the server/seller training would typically cost the retail licensee $25—$40 per employee, based on a review of training fees across the country. Cost for owner/manager training is being borne by the Board. Therefore, the cost is measured in time spent in training, which is approximately 6 hours. Savings to the regulated community could be the reduction in administrative sanctions by an administrative law judge in terms of reduced fines, that is, from $1,000—$5,000 to $50—$1,000. In cases when an administrative law judge requires a licensee to take responsible alcohol management training as part of an adjudication in a citation proceeding, the owner/manager training cost would be borne by the Board and the licensee would bear other costs of compliance.
As previously explained, the final-form rulemaking deletes the provisions for providers and the annual provider certification fee of $500. The provider certification fees and instructor certification fees were never expected to significantly offset the costs of RAMP. However, they were expected to help defray some of the Board's administrative costs associated with the certification process.
The final-form rulemaking increases the annual instructor certification fee from $100 in the proposed rulemaking to $250. Further, the duration of an instructor's certification has been modified in the final-form rulemaking from 2 years to 1 year. This has been changed to reflect the BAE's current practice of annually evaluating instructors since the proposed rulemaking was published. While it is impossible to know how many entities or individuals will apply for certification as an instructor, as previously noted, there are currently 33 instructors approved by the Board. Assuming that all 33 instructors apply for certification under the final-form rulemaking, the total cost to instructors would be $8,250 per year. The Board does not believe that these costs will unduly burden future certified instructors.
This final-form rulemaking is not expected to result in costs or savings to local governments.
Effective Date
This final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
Further information is available by contacting Christopher L. Herrington, Deputy Chief Counsel, Office of Chief Counsel, Liquor Control Board, Room 401, Northwest Office Building, Harrisburg, PA 17124-0001.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 28, 2007, the Board submitted a copy of the notice of proposed rulemaking, published at 38 Pa.B. 499, to the Independent Regulatory Review Commission (IRRC) and to the House Committee on Liquor Control and Senate Committee on Law and Justice (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 12, 2010, the final-form rulemaking was deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on May 12, 2010, and approved the final-form rulemaking.
Findings
The Board finds that:
(1) Public notice of intention to adopt the administrative regulations adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendments to the Board's regulations in the manner provided in this order are necessary and appropriate for the administration of the Liquor Code.
Order
The Board, acting under authorizing statute, orders that:
(a) The regulations of the Board, 40 Pa. Code Chapter 5, are amended by adding §§ 5.201, 5.202, 5.211, 5.231—5.233, 5.241—5.243, 5.251, 5.261 and 5.271 to read as set forth in Annex A.
(Editor's Note: The proposal to add §§ 5.221 and 5.222 has been withdrawn by the Board.)
(b) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon publication in the Pennsylvania Bulletin.
PATRICK J. STAPLETON, III,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 2838 (May 29, 2010).)
Fiscal Note: Fiscal Note 54-60 remains valid for the final adoption of the subject regulations.
Annex A TITLE 40. LIQUOR PART I. LIQUOR CONTROL BOARD CHAPTER 5. DUTIES AND RIGHTS OF LICENSEES Subchapter I. RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM GENERAL
Sec.
5.201. Purpose. 5.202. Definitions. COURSE OF STUDY
5.211. Course of study for alcohol service personnel. INSTRUCTORS
5.231. Instructor certification. 5.232. Instructor responsibilities. 5.233. Minimum standards of training. TRAINING/ORIENTATION
5.241. Manager/owner training. 5.242. New employee orientation. 5.243. Records. PROHIBITED CONDUCT
5.251. Prohibited conduct. SIGNS
5.261. Signs. CERTIFICATION
5.271. Premises certification. GENERAL § 5.201. Purpose.
(a) This subchapter implements the program authorized under section 471.1 of the Liquor Code (47 P. S. § 4-471.1), regarding responsible alcohol management. This provision authorizes the Board to establish a four-part program including:
(1) New employee orientation.
(2) Training for alcohol service personnel.
(3) Manager/owner training.
(4) Display of responsible alcohol service signage.
(b) Under section 471.1(f) of the Liquor Code, licensees are to obtain certification upon the completion of a certified alcohol service personnel program or the Board's owner/manager training program. Certification will be valid for 2 years.
(c) Licensees and their managers and employees may enter the Responsible Alcohol Management Program voluntarily, may commit to participation as part of a conditional licensing agreement entered into with the Board or may be required to participate by order of one of the Board's administrative law judges. This subchapter also establishes standards for the Board to certify compliance with this program.
§ 5.202. Definitions.
When used in this subchapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
BAE—Bureau of Alcohol Education—The office in the Board that is responsible for administering the Responsible Alcohol Management Program.
Certify—To approve and confirm the approval in writing.
Instructor—An individual who is certified by the Board to instruct students, including licensees, owners, managers, servers, sellers and members of the public, in responsible server practices.
Licensee—An individual, person or entity that holds a license issued by the Board.
Manager/owner training—Training conducted by the Board or its employees for individuals who manage or own licensed premises.
New employee—An individual who has not been employed at the licensed premises seeking certification in any capacity during the preceding year.
Responsible server practices—Procedures and practices used by alcohol service personnel to prevent the furnishing or selling of alcoholic beverages to minors and visibly intoxicated persons.
COURSE OF STUDY § 5.211. Course of study for alcohol service personnel.
A standard curriculum for the course of study will be provided by the BAE.
INSTRUCTORS § 5.231. Instructor certification.
The BAE will have a procedure, as set forth in this section, to confirm a person's competency to begin and continue working as an instructor. Part of this procedure will include observation of an instructor's training sessions by representatives of the BAE at least twice per year.
(1) A person desiring certification as an instructor shall submit an application on forms issued by the Board and pay a $250 nonrefundable application fee.
(2) The minimum qualifications of an instructor include the following:
(i) Possessing a high school diploma or GED.
(ii) Possessing a minimum of 2 years of experience, full-time, in the field of education, law, law enforcement, substance abuse prevention, hospitality or alcohol service training.
(iii) Being 21 years of age or older.
(iv) Having no arrests that are related to alcohol, narcotics or other controlled substances in the previous 10 years.
(v) Attending manager/owner training once in the year preceding the date the application for instructor certification is filed.
(3) If a person who has submitted a completed application meets the minimum requirements for certification, the Board will issue to the instructor a Notice of Certification. The period of certification shall be 1 year from the date of issuance of the Notice of Certification.
(4) Renewal of certification shall be submitted to the BAE at least 30 days prior to the expiration of the instructor's current certification. The same forms, provided by the BAE, shall be used for renewals as for initial certification. A $250 fee must accompany an application for renewal.
§ 5.232. Instructor responsibilities.
Instructors have the responsibility to do the following:
(1) Using the standard curriculum provided by the BAE, provide students with information regarding the current status of the law on issues regarding the sale or service of alcoholic beverages by licensees.
(2) Schedule training sessions in locations throughout this Commonwealth.
(3) Conduct at least two training sessions per quarter and train at least 225 students per year. Instructors may request a waiver of the minimum requirements in this paragraph by sending a letter or e-mail to the BAE. The BAE will waive the requirements for minimum training activity for instructors due to temporary, nonrecurrent exigencies, such as instructor illness or family emergency, bad weather or other circumstances beyond the instructor's control.
(4) Provide accurate records of attendance and course completion, as required under § 5.233(c) (relating to minimum standards of training), to the BAE within 7 calendar days following each training session through the BAE's web site. Original attendance sheets shall be submitted to the BAE by first class United States mail, other delivery or express service, transmission by facsimile or by e-mail.
(5) Attend instructor meetings twice per year as scheduled by the BAE.
(6) Attend manager/owner training at least once per year.
§ 5.233. Minimum standards of training.
(a) Instructors shall conduct training sessions conforming to the BAE's standard curriculum.
(1) Each training session must consist of at least 2 1/2 hours of instructional time.
(2) The ratio of students per instructor may not exceed 40 to 1.
(b) Instructors shall notify the BAE of the following:
(1) At least 7 calendar days in advance of scheduling any training session. Instructors shall provide notification to the BAE through the BAE's web site.
(2) Immediately of any training session cancellation. Instructors shall provide notification to the BAE by first class United States mail, other delivery or express service, transmission by facsimile or by e-mail.
(3) Immediately of any changes to the training schedule. Instructors shall provide notification to the BAE by first class United States mail, other delivery or express service, transmission by facsimile or by e-mail.
(c) Instructors shall obtain the student information indicated in paragraphs (1)—(3) at the beginning of the training session. An instructor shall send a completed attendance sheet to the BAE within 7 days of the end of the training session, including the following information from each student:
(1) Name.
(2) Home address.
(3) Home telephone number.
(4) Student identification number issued by the BAE.
(5) Pass/fail score on the test.
(6) Licensed establishment name, address and licensee identification.
(7) Time and location of training.
(d) At the conclusion of the training, the instructor shall administer a standardized test prepared by the BAE, insuring that students complete the examination as a closed book exam, without access to references to aid in the completion of the examination.
(e) The instructor shall grade examinations and notify students of their grades. A test score of 80% or better is required to pass. A student who does not pass may, at the first opportunity, schedule training and take the test again.
TRAINING/ORIENTATION § 5.241. Manager/owner training.
(a) Manager/owner training will be conducted by the BAE.
(b) Training must include instruction on proper service of alcohol, developing an alcohol service policy and establishing house rules and policies aimed at preventing sales of alcoholic beverages to minors or visibly intoxicated persons. Instruction shall also be provided on identification checks and signs of visible intoxication. Instruction shall be provided on techniques to assure that employees are complying with house rules and policies, including the orientation of new and current employees and the documentation of incidents occurring in the workplace.
(c) For 2 years, the Board will maintain records establishing the names of individuals who have successfully undergone manager/owner training.
§ 5.242. New employee orientation.
(a) Licensees applying for certification of compliance under section 471.1 of the Liquor Code (47 P. S. § 4-471.1) shall conduct new employee orientation within 30 days of the employee's hire, in accordance with a checklist of responsible server practices provided by the BAE including:
(1) Penalties for furnishing or selling alcohol to minors.
(2) Acceptable forms of identification as defined in section 495(a) of the Liquor Code (47 P. S. § 4-495(a)).
(3) Practices for checking identification to prevent the service of alcohol to minors, which is prohibited under section 493(1) of the Liquor Code (47 P. S. § 4-493(1)).
(4) Penalties for furnishing or selling alcohol to visibly intoxicated persons.
(5) Practices for refusing service of alcohol to visibly intoxicated persons.
(6) Procedures for handling situations where criminal activity, such as drug activity, assaults or fights, loitering and prostitution, is occurring in or about the premises.
(b) The licensee is responsible for ensuring that the owner or manager conducts the new employee orientation.
§ 5.243. Records.
(a) The licensee shall keep the following records:
(1) Certification status of its employees, managers and owners, consisting of the name of the employee, manager or owner, date of hire, date of training and the name of the trainer.
(2) Date of premises certification.
(3) Records of its new employee orientation program.
(4) Responsible alcohol service signs it posted, where and when the signs were posted, revised and reposted.
(b) These records shall be maintained as part of the licensee's operating records required to be kept for 2 years in accordance with section 493(12) of the Liquor Code (47 P. S. § 4-493(12)).
PROHIBITED CONDUCT § 5.251. Prohibited conduct.
(a) The Board may decertify instructors for violating any of the provisions of this subchapter or engaging in the following conduct:
(1) Discrimination or harassment based on age, race, sex, disability, national origin or religion.
(2) An act that is in violation of the Liquor Code or this title.
(3) An act resulting in a misdemeanor or felony conviction.
(4) An act resulting in admittance into an Accelerated Rehabilitative Disposition (ARD) program if the underlying activity is related to alcoholic beverages, narcotics or controlled substances.
(5) Being under the influence of alcoholic beverages, narcotics or controlled substances during training presentations, examinations or breaks.
(6) Knowingly permitting students to be under the influence of alcoholic beverages, narcotics or controlled substances during training presentations, examinations or breaks.
(7) Cheating or condoning cheating by students.
(8) Knowingly providing false information on reports submitted to the Board.
(9) Having an unacceptable evaluation regarding the presentation of the course of study from class observations conducted by the BAE. An unacceptable evaluation will result from conduct including, but not limited to, the following:
(i) Failing to satisfactorily carry out the instructor's responsibilities in § 5.232 (relating to instructor responsibilities).
(ii) Failing to meet the minimum standards of training in § 5.211 (relating to course of study for alcohol service personnel).
(iii) Failing to provide students with current and accurate information.
(iv) Failing to provide accurate records of attendance and course completion to the BAE.
(v) Failing to conduct at least 2 1/2 hours of instructional time in each training.
(vi) Exceeding the ratio of students per instructor.
(vii) Failing to properly administer the standardized test prepared by the BAE.
(b) The Board will send a Notice of Decertification to an instructor by certified United States mail. An appeal of the Board's decision to decertify an instructor shall be as set forth in 2 Pa.C.S. § 702 (relating to appeals).
(c) The Board will not consider an instructor's application for recertification until 1 year after the date of decertification.
SIGNS § 5.261. Signs.
(a) Signs for posting in the licensed premises will be provided by the Board. A licensee may use its own signs provided that they are equivalent in size and content to the Board's signs.
(b) The following signs must be posted, notifying patrons about:
(1) Acceptable forms of identification as described in section 495(a) of the Liquor Code (47 P. S. § 4-495(a)).
(2) The licensee's duty to refuse service to minors and visibly intoxicated persons under section 493(1) of the Liquor Code (47 P. S. § 4-493(1)).
(c) The design of the signs must be that they are legible from a distance of 10 feet. Signs must be located where patrons will easily see them.
(d) The licensee is responsible for the posting and maintenance of signs.
CERTIFICATION § 5.271. Premises certification.
(a) A licensee may request that the Board certify that it complies with section 471.1 of the Liquor Code (47 P. S. § 4-471.1). The request may be made by personal contact, telephone or written communication to the BAE. Written communication includes first class United States mail, other delivery or express service, transmission by facsimile or by e-mail.
(b) Certification or recertification will be issued by the Board after investigation and approval of the licensed premises.
(c) There is no fee for certification or recertification.
(d) If the Board finds that a licensee has met the requirements under section 471.1 of the Liquor Code, the licensee will be issued a certificate of compliance valid for 2 years.
(e) If the Board finds that a licensee has not met the requirements of section 471.1 of the Liquor Code or this subchapter, and the licensee's compliance with section 471.1 of the Liquor Code or this subchapter was not mandated by the Office of Administrative Law Judge, by statue, by regulation or by a conditional licensing agreement, the Board will refuse certification or decertify the licensee.
(f) If the Board finds that a licensee has not met the requirements under section 471.1 of the Liquor Code or this subchapter and the licensee's compliance with section 471.1 of the Liquor Code or this subchapter was required by the Office of Administrative Law Judge, by statute, by regulation or by a conditional licensing agreement, the Board will refuse the application for certification or decertify the licensee and refer the matter to the Pennsylvania State Police, Bureau of Liquor Control Enforcement.
(g) The Board will send a Notice of Decertification to the licensee by certified United States mail. Appeal of the Board's decision to decertify a licensee shall be as set forth in 2 Pa.C.S. § 702 (relating to appeals).
(h) A licensee may apply for recertification at any time after the date of decertification.
(i) The Office of Administrative Law Judge will take official notice of the Board's records with regard to the licensee's certification.
[Pa.B. Doc. No. 10-1158. Filed for public inspection June 25, 2010, 9:00 a.m.]
