(a) When an individual has been certified as an ombudsman representative previously in Arkansas but is not currently certified and has not been certified within the last two (2) years, or when an individual is certified as an ombudsman representative in another state or has been certified by that state within the last two (2) years, the State Long-Term Care Ombudsman shall determine what steps are needed to qualify as a certified ombudsman representative, by reviewing the circumstances on an individual basis and considering, at a minimum, the following criteria:

1. (1) Content and extent of ombudsman representative training completed, which must meet or exceed current certification training requirements for Arkansas;
2. (2) Need for updated and/or Arkansas-specific training;
3. (3) Need to demonstrate competencies for the position by completing written and oral examinations; and
4. (4) Quality of performance of the individual as an ombudsman representative, including checking references.

(b)

1. (1) If an individual has not been certified within the last two (2) years, the individual shall participate in the full certification process unless the State Long-Term Care Ombudsman specifically determines otherwise.
2. (2) Such determination shall be made on a case-by-case basis and is not a determination eligible for reconsideration.