Utah Code 26B-7-519. Recognition of tobacco retailer training program
Current as of: 2024 | Check for updates
|
Other versions
(1) In determining the amount of the monetary penalty to be imposed for a violation of this part, a hearing officer shall reduce the civil penalty by at least 50% if the hearing officer determines that:
Terms Used In Utah Code 26B-7-519
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
- Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Tobacco product: means :(24)(a) a tobacco product as defined in Section 76-10-101; or(24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
- Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
(1)(a) the tobacco retailer has implemented a documented employee training program; and(1)(b) the employees have completed that training program within 30 days after the day on which each employee commences the duties of selling a tobacco product, an electronic cigarette product, or a nicotine product.
(2)
(2)(a) For the first offense at a location, if the hearing officer determines under Subsection (1) that the tobacco retailer has not implemented a documented training program with a written curriculum for employees at that location regarding compliance with this chapter, the hearing officer may suspend all or a portion of the penalty if:
(2)(a)(i) the tobacco retailer agrees to initiate a training program for employees at that location; and
(2)(a)(ii) the training program begins within 30 days after the hearing officer makes a determination under this Subsection (2)(a).
(2)(b) If the hearing officer determines at a subsequent hearing that the tobacco retailer has not implemented the training program within the time period required under Subsection (2)(a)(ii), the hearing officer shall promptly impose the suspended monetary penalty, unless the tobacco retailer demonstrates good cause for an extension of time for implementation of the training program.