(1) In determining the amount of the monetary penalty to be imposed for a violation
of this chapter, a hearing officer shall reduce the civil penalty by at least 50%
if the hearing officer determines that:
(a) the tobacco retailer has implemented a documented employee training program; and
(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)(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
(i) the tobacco retailer agrees to initiate a training program for employees at that
(ii) the training program begins within 30 days after the hearing officer makes a
determination under this Subsection (2)(a).
(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.
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