10A NCAC 70E .1114      CRIMINAL HISTORIES

(a)  An applicant shall not be licensed if the applicant, or any member of the applicant's household 18 years of age or older, refuses to consent to a criminal history check required by G.S. 131D, Article 1A.

(b)  An applicant or any member of the applicant's household is not eligible for licensure if the applicant or any member of the applicant's household has been convicted of a felony involving:

(1)           child abuse or neglect;

(2)           spouse abuse;

(3)           a crime against a child or children (including child pornography); or

(4)           a crime involving violence, including rape, sexual assault, or homicide but not including other physical assault or battery.

(c)  An applicant or any member of the applicant's household is not eligible for licensure if the applicant or any member of the applicant's household has within the last five years been convicted of a felony involving:

(1)           physical assault;

(2)           battery; or

(3)           a drug-related offense.

(d)  An applicant or any members of the applicant's household with criminal convictions except those specified in Paragraph (b) of this Rule may be considered for licensure based on the following factors:

(1)           nature of the crime;

(2)           length of time since the conviction;

(3)           circumstances surrounding the commission of the offense or offenses;

(4)           number and type of prior offenses;

(5)           evidence of rehabilitation;

(6)           age of the individual at the time of the commission of the offense or offenses; and

(7)           letter of support for licensure from the executive director of the agency.

History Note:        Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;

Eff. September 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.