26-42-106 - Recognition of licensee's training program.
26-42-106. Recognition of licensee's training program.
(1) In determining the amount of the monetary penalty to be imposed for an employee'sviolation of Section 26-42-103, the hearing officer shall reduce the penalty by at least 50% if hedetermines:
(a) the licensee has implemented a documented employee training program; and
(b) the employee has completed that training program within 30 days of commencingduties of selling tobacco products.
(2) (a) If the hearing officer determines under Subsection (1), regarding a first offense ata location, that the licensee has not implemented a documented training program with a writtencurriculum for employees at that location regarding compliance with this chapter, the hearingofficer may suspend all or a portion of the monetary penalty, contingent upon the licensee'sinitiating a training program for employees at that location within 30 days after the hearing date.
(b) If the hearing officer determines at a subsequent hearing that the licensee has notimplemented the training program within the time period required under Subsection (2)(a), thesuspended monetary penalty shall be promptly imposed, unless the licensee demonstrates goodcause for granting an extension of time for implementation of the training program.
Enacted by Chapter 319, 1998 General Session