(a)  Before renewing an existing license of an adult care home, the Department shall conduct a compliance history review of the facility and its principals and affiliates.

(b)  In determining whether to renew a license under G.S. 131D-2(b)(6), the Department shall take into consideration at least the following:

(1)           the compliance history of the applicant facility;

(2)           the compliance history of the owners, principals or affiliates in operating other adult care homes in the state;

(3)           the extent to which the conduct of a related facility is likely to affect the quality of care at the applicant facility; and

(4)           the hardship on residents of the applicant facility if the license is not renewed.

(c)  Pursuant to G.S. 131D-2(b)(1), an adult care home is not eligible to have its license renewed if any outstanding fines or penalties imposed by the Department have not been paid; provided, however that if an appeal is pending the fine or penalty will not be considered imposed until the appeal is resolved.