A. The advisory committee finds that an alcohol server education course does not meet the criteria listed in subsection 3 or specific criteria determined by the committee.

B. The course, when presented, does not follow specific criteria determined by the advisory committee before issuance of approval certification.

C. The instructor of the course does not provide information or access to the monitor as required by subsection 7.

D. Fraud or deceit is used to obtain course approval or in providing the course or issuing certificates.

A person aggrieved by a decision of the commissioner to refuse to issue or renew approval certification or to suspend or revoke approval certification for an alcohol server education course may, within 30 days of receipt of that decision, appeal the decision to the Administrative Court.

Sec. 9. 28-A MRSA §2521 is enacted to read:

§2521.__Employment of uncertified alcohol server; prohibited

conduct

1.__Prohibited conduct.__A licensee under chapter 43 may not continue to employ:

A.__An on-premise alcohol server who, after one year of employment, is not certified under section 2514-A; or

B.__A seasonal on-premise alcohol server who, after 2 years of employment, is not certified under section 2514-A.

2.__Jurisdiction.__Pursuant to section 801, the Administrative Court has jurisdiction over violations of this section.

SUMMARY

This bill requires all on-premise alcohol servers to complete a certified alcohol server education course. Alcohol server education courses must be certified by the Commissioner of Public Safety. Instructors who teach alcohol server education