845-016-0020 Instructor and Trainer Qualification and Performance Standards; Provider Responsibility for Fee and Performance (1) Qualifications: Each instructor and person who trains instructors, and who submits a Provider Certification form after September 1, 2007 must have: (a) A minimum of four years of verified full-time employment (8,000 hours) in the fields of training, education, law, law enforcement, substance abuse rehabilitation, the hospitality industry or any of the subjects listed in ORS 471.542(5); or (b) A minimum of two years of post-secondary education in the fields of training, education, law, law enforcement, substance abuse rehabilitation, the hospitality industry or any of the subjects listed in 471.542(5). (2) Performance Standards: Each instructor and person who trains instructors must: (a) Teach the Alcohol Server Education Program that the Commission approved; (b) Understand the objectives of the program and be able to communicate to the students with knowledge, clarity and judgment about the program; (c) Demonstrate skill in student supervision; (d) Respect the rights of all students and treat them without discrimination based on their age, disability, national origin, race, marital status, religion, sex or sexual orientation; (e) Demonstrate willingness to work cooperatively with others, including the Commission staff. (3) Provider Responsibility for Fee: (a) The provider is responsible for submitting a completed Provider Staff Certification form and a $100 fee for each instructor. The Commission does not require a $100 instructor fee for a qualified provider instructor or authorized representative instructor. If, however, both the provider and the authorized representative will teach courses, the provider must pay the instructor fee for the authorized representative. An instructor may not teach an Alcohol Server Education course until certified by the Commission; (b) Despite subsection (3)(a) of this rule, if an instructor wants to teach in another provider's Oregon Alcohol Server Education program, the Commission will not require another instructor fee if the fee has been paid for the certification period; (c) Violation of this section is a Category III violation (see OAR 845-016-0080, Sanctions). (4) Provider Responsibility for Performance Standards: (a) The provider must ensure that each instructor meets the performance standards in section (2) of this rule. This includes at least: (A) Personally observing each instructor's entire class and evaluating the instructor on the Commission's evaluation form during the instructor's first or second class. (If the provider is the instructor, the Commission will evaluate the provider-instructor.); (B) Sending the form to the Commission within 15 days after the class; (C) Correcting any performance that the provider identifies or that the Commission identifies through its Quality Assurance Plan. (b) Violation of this section is a Category II violation (see OAR 845-016-0080, Sanctions). (5) Provider Responsibility to give notice of class times and locations for classroom courses: (a) The provider must submit a schedule of planned classes, with times and locations, to the Commission’s Alcohol Server Education program at least seven days before the classes are held; (b) The provider must notify the Commission of any changes to the schedule required in section (5)(a) as soon as possible; (c) Despite Sections (5)(a) and (b), a provider or instructor may: (A) Schedule or reschedule a class shortly before the class to accommodate a request from students. If the Commission has been unable to observe and evaluate an instructor because most classes are scheduled under seven days, the Commission will notify the provider and require the provider to call the Commission to give all class times and locations until the Commission is able to complete the required observations and evaluation; (B) Cancel a class in an emergency without prior notice to the Commission. A provider or instructor may also cancel shortly before a class without notifying the Commission if the provider: (i) Notifies persons inquiring about classes that the provider may cancel if there are not a stated minimum numbers of students; and (ii) Has notified the Commission in advance of this practice. (d) Violation of this section is a Category III Violation (see OAR 845-016-0080, Sanctions). Statutory/Other Authority: ORS 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03 OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86