§ 5.227. Deauthorization of online training providers.
(a) The PLCB will send a notice of violation to an online training provider by certified United States mail if the online training provider is:
(1) Failing to meet the minimum standards of the online training program set forth in § 5.223 (relating to minimum standards of the online training program).
(2) Failing to meet the responsibilities set forth in § 5.224 (relating to online training provider responsibilities).
(3) Engaging in prohibited conduct set forth in § 5.251 (relating to additional prohibited conduct).
(b) The notice of violation will give the online training provider a deadline by which the violation must be remedied. The amount of time given to remedy the violation will vary depending upon the complexity of the circumstances and may be up to 60 days. The notice of violation may advise the online training provider that its authorization is temporarily suspended, pending resolution of the violation.
(1) If the online training provider receives a notice that its authorization is temporarily suspended, the online training provider must immediately prohibit all students from accessing the online training program until the violation that prompted the suspension has been resolved.
(c) If the violation is not remedied by the deadline, or if the PLCB has grounds to issue a second notice of violation within the same authorization year as the first notice of violation, the PLCB will send a notice of deauthorization to an online training provider by certified United States mail. An appeal of the PLCB’s decision to deauthorize shall be in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(1) If the online training provider receives a notice that it has been deauthorized, the online training provider shall immediately:
(i) Render the online training program inaccessible by new students;
(ii) Contact, by e-mail, all students who have started the course but not finished it and advise them to finish it within 14 days after the date of deauthorization;
(iii) Contact, by e-mail or by telephone, the purchasers of all unredeemed vouchers and advise them that the online training program is no longer authorized; and
(iv) Remit refunds to all purchasers of vouchers that have not been redeemed. The online training provider shall refund the amount for these vouchers at the same bulk rate that the purchaser paid.
(d) The PLCB will not accept, for a minimum of 1 year from the notice of deauthorization, an application from an online training provider that has been issued a notice of deauthorization. Under these circumstances, a new application must be filed, not an application for renewal. Applications will only be accepted during a period of open enrollment. See § 5.221(a) (relating to online training provider application).
Authority The provisions of this § 5.227 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § § 2-207(i) and 4-471.1).
Source The provisions of this § 5.227 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.
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