Section 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.