26-42-106.   Recognition of licensee's training program.
     (1) In determining the amount of the monetary penalty to be imposed for an employee's violation of Section 26-42-103, the hearing officer shall reduce the penalty by at least 50% if he determines:
     (a) the licensee has implemented a documented employee training program; and
     (b) the employee has completed that training program within 30 days of commencing duties of selling tobacco products.
     (2) (a) If the hearing officer determines under Subsection (1), regarding a first offense at a location, that the licensee 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 monetary penalty, contingent upon the licensee's initiating 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 not implemented the training program within the time period required under Subsection (2)(a), the suspended monetary penalty shall be promptly imposed, unless the licensee demonstrates good cause for granting an extension of time for implementation of the training program.

Enacted by Chapter 319, 1998 General Session
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Last revised: Thursday, May 28, 2009