New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.9 - PROVIDER, INSTRUCTOR AND PROGRAM CERTIFICATION; RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Certification required:
Any
				person seeking certification as a provider, instructor or program must submit
				an application to the director for approval in accordance with this section. An
				on-line program and a classroom program cannot be combined into one
				application.
B. Applications for
				providers and programs:
(1) Providers and
				instructors:
(a) the name and qualifications
				of the provider or the name and qualifications of the instructor(s), including
				a resume, references and the name of the certified program that applicant
				intends to administer;
(b) for
				providers, a surety bond from a surety company authorized to transact business
				in New Mexico, or other evidence of financial responsibility, covering all
				instructors in the amount of five thousand dollars ($5,000). Any independent
				contractor who obtains the right to own, teach or otherwise use a program, but
				is not covered under the provider's surety bond, will be required to obtain
				certification as a provider, including posting a surety bond as required in the
				alcohol server education article or providing other evidence of financial
				responsibility. The surety bond shall be continuous, shall name the division as
				payee, and shall assure the satisfactory performance of all contracts with
				students, including tuition refund agreements, and the maintenance of student
				records;
(c) for in-classroom
				providers and instructors, the physical addresses of each location where the
				program will be offered and the dates when the program will be offered. A
				maximum of 40 students per class or the maximum occupant load permitted by the
				state or local fire marshal, whichever is less, will be permitted;
(d) for on-line providers, the name and
				address of all entities owning, profiting, or both from the administration of
				the on-line course;
(e) fees that
				will be charged to take the program;
(f) for providers a copy of applicant's
				business license;
(g) for providers
				a copy of applicant's tax registration certificate;
(h) a form, prescribed by the director,
				authorizing a background check for all providers and instructors. Persons
				convicted of a felony or crimes of moral turpitude may not be certified as
				providers or instructors at the discretion of the director. Additional
				documentation regarding disposition of any charges may be requested by the
				director prior to approval of any application for certification;
(i) application fees in the amount of three
				hundred fifty dollars ($350) per provider and one hundred dollars ($100) per
				instructor; in instances where the applicant is applying to be both a provider
				and instructor, i.e. the provider and instructor are the same person, only the
				three hundred fifty ($350) application fee is required to be paid;
				and
(j) any other relevant
				information as may be required by the director.