(a)  Each family care home shall have an administrator that has been approved by the Department pursuant to this Rule.

(b)  Applicant administrators shall meet the following qualifications:

(1)           be 21 years of age or older;

(2)           provide a satisfactory criminal background report by providing to the Department the submissions required by:

(A)          the State Repository of Criminal Histories, if the applicant has been a resident of this State for five years or more; or

(B)          both the State and National Repositories of Criminal Histories, if the applicant has been a resident of this State for less than five years;

(3)           complete an approved administrator-in-training program listed on the website at http://ncdhhs.gov/dhsr/acls/adminguidelines.html and consisting of a minimum of 20 hours of instruction in N.C. Assisted Living laws and statutes, human resources, and business management, and a minimum of 100 hours of on-the-job training in an assisted living facility;

(4)           complete with 75 percent accuracy a written examination administered by the Department within 12 months of completing the administrator-in-training program; and

(5)           be at least a high school graduate or certified under the GED Program.

(c)  For the purpose of this Rule, a satisfactory criminal background report means:

(1)           no conviction by any jurisdiction of a felony for which prison time was served unless rights of citizenship have been restored and all of the following have been considered and determined by the Department to allow approval:

(A)          the date of conviction;

(B)          the circumstances surrounding the committing of the crime, if known;

(C)          the nexus between the criminal conduct of the person and job duties; and

(D)          the prison, jail, probation, parole, rehabilitation and employment records of the person since the date the crime was committed;

(2)           no conviction by any jurisdiction of a misdemeanor unless all terms of the judgment imposed for said misdemeanor have been met and the following have been considered and determined by the Department to allow approval:

(A)          the date of conviction;

(B)          the circumstances surrounding the committing of the crime, if known;

(C)          the nexus between the criminal conduct of the person and job duties; and

(D)          the prison, jail, probation, parole, rehabilitation and employment records of the person since the date the crime was committed