| (a) Definitions. The following words and terms when
used in this section shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Application--The form provided by the comptroller's
office for use by persons interested in performing training under
this section.
(2) Cigarettes--Has the meaning assigned by Tax Code,
Chapter 154.
(3) Second party sales--A sale which results in the
provision of tobacco products to a minor, even though the purchaser
of the tobacco product is not necessarily a minor.
(4) Seller--Any person who sells cigarettes or tobacco
products in this state.
(5) Tobacco products--Has the meaning assigned by Tax
Code, Chapter 155.
(b) Application process. In order for a vendor to be
certified to provide employers and employees engaged in the retail
sales of cigarettes or tobacco products with training regarding provisions
in the Health and Safety Code, Chapter 161 and in the Tax Code, Chapters
154 and 155, regarding regulation of sales, distribution, and use
of tobacco products, the vendor's training program must meet the minimum
curriculum requirements established by the comptroller and be certified
by the comptroller. Vendors must make application to the comptroller's
office on a prescribed application form. The comptroller's office
will review qualified applications and certify vendors interested
in providing a seller training program.
(c) Curriculum information. Vendors interested in
obtaining certification must apply in writing and provide a written
description detailing curriculum information, including:
(1) the presentation;
(2) specific course objectives;
(3) academic content;
(4) learning activities;
(5) audio-visual materials, if any;
(6) written materials (including instructor manual
and participant workbook); and
(7) course evaluation or feedback forms.
(d) Curriculum requirements. The curriculum of the
training program presented should include, but is not limited to,
the following components.
(1) Component One--tobacco-related health hazards.
Statistical information regarding tobacco-related health hazards
as published by the U.S. Food and Drug Administration must be included
in this component.
(2) Component Two--federal and state laws. Discussion
and comparison of the provisions of current federal law with the provisions
of current state law pertaining to minors and tobacco must be included
in this component. In particular, this component must include a review
and explanation of all provisions relating to:
(A) prohibiting the distribution of cigarettes or tobacco
products to minors;
(B) prohibiting the purchase, possession, or consumption
of cigarettes or tobacco products by minors (citing examples of tobacco
products included);
(C) the warning notice signs for retail locations;
(D) statistics on tobacco usage by adults and minors;
and
(E) the placement of tobacco products in retail locations.
(3) Component Three--detection of minors. This component
must identify and discuss:
(A) observation techniques for determining when a customer
is a minor;
(B) common physical and behavioral signs of underage
status; and
(C) behaviors indicative of adolescence, including
current clothing trends and fads, and physical appearance preferences,
according to generally recognized experts in the field.
(4) Component Four--personal identification. This component
must:
(A) identify, discuss, and provide actual samples of
acceptable forms of identification, including, but not limited to:
(i) a valid state driver's license issued by the Texas
Department of Public Safety; and
(ii) other state or U.S. government issued forms of
identification (with photograph);
(B) identify, discuss, and provide actual samples of
unacceptable forms of identification including, but not limited to:
(i) a temporary state driver's license;
(ii) a birth certificate;
(iii) a school or work ID;
(iv) a social security card; and
(v) a professionally printed identification card.
(C) explain how to detect invalid identification documents
used in attempts to establish proof of age and provide examples of
the following:
(i) unofficial documents that look similar to official
documents;
(ii) types of document counterfeiting and alteration;
and
(iii) warning signs of document counterfeiting and
alterations.
(5) Component Five--second party sales. This component
must:
(A) explain and define second party sales; and
(B) provide examples of second party sales including,
but not limited to, the following:
(i) a minor loitering outside a store in the store
parking lot;
(ii) a minor loitering around a store, either inside
or outside, after having been refused a tobacco purchase; and
(iii) a minor randomly approaching an adult customer
to solicit the adult customer to purchase tobacco products and giving
the adult customer money.
(6) Component Six--refusing a sale. This component
must:
(A) identify and discuss techniques to prevent an illegal
sale of tobacco products to a minor or second party;
(B) identify and discuss techniques to terminate an
illegal sale of tobacco products to a minor or second party; and
(C) provide examples of words and actions that may
be used by a seller to amicably avoid or terminate illegal attempts
to purchase tobacco by a minor.
(e) Class length. The time length of the seller training
class should be a minimum of two actual clock hours, including class
breaks.
(f) Notice of certification or denial. The comptroller
shall notify each applicant with a letter of certification or denial,
including reasons for the denial, within 15 business days from the
date the application is received by the comptroller. The certification
or denial letter will be mailed to the address on the vendor's application.
(g) Certification. A qualified vendor is certified
to provide seller training unless the certification is revoked or
suspended by the comptroller.
(h) Denial. Applications for certification will be
denied based on the following factors:
(1) the curriculum information submitted does not meet
the minimum requirements set out in subsection (d) of this section;
(2) the application is incomplete;
(3) the applicant is currently delinquent in the payment
of any tax or fee collected by the comptroller.
(i) Administrative hearing. If the comptroller determines
that an applicant is not eligible for certification, the applicant
will be notified, in writing, that the application has been denied.
The notice will state the reasons for the denial. The applicant may,
within 15 days of the date of the notice of denial, make a written
request for an oral hearing to contest the denial. If the applicant
does not request a hearing within 15 days of the date of the notice
of denial, the hearing is waived and the denial is final. The hearing
will be governed by the provisions of §§1.1-1.42 of this
title (relating to Practice and Procedure).
(j) Certification revocation or suspension. The comptroller
may, after notice and opportunity for a hearing, revoke or suspend
a vendor's certification upon finding that the seller training classes
provided by a vendor fail to comply with the comptroller's standards
and requirements for seller training programs described in subsections
(c), (d), and (e) of this section, or the vendor becomes delinquent
in the payment of any tax or fee collected by the comptroller. If
the comptroller determines that certification should be suspended
or revoked, the comptroller will notify the vendor, in writing, that
the certification will be suspended or revoked and will state the
reasons for the action. The vendor may, within 15 days of the date
of the notice of suspension or revocation, make a written request
for an oral hearing to contest the action. If the vendor does not
request a hearing within 15 days of the date of the notice of suspension
or revocation, the hearing is waived and the suspension or revocation
becomes effective.
Cont'd... |
