10104.1 The Director may conduct background checks on an applicant for licensure or for renewal of licensure in order to determine the applicant’s suitability or capability to operate or to continue operating an ALR. If applicant is a partnership or non-corporation business entity, the background checks may be conducted on the owners. If applicant is a corporation, the background checks may be conducted on the directors, officers, and any person owning or controlling ten percent (10%) or more of common stock in the corporation.

10104.2 Applicant background checks may consist of, but not be limited to, investigating the following:

1. (a) Whether the applicant, or the individual identified on the application to serve as assisted living administrator (ALA) for the ALR, holds a current, valid license to practice assisted living administration in the District of Columbia;
2. (b) Applicant's history of compliance with the District of Columbia or any other jurisdiction's licensing requirements and with any federal certification requirements, including any license revocation or denial; and
3. (c) The arrest and criminal records of the applicant, including, but not limited to, the following:
4. (1) Crimes or acts involving abuse, neglect or mistreatment of a person or misappropriation of property of the person;
5. (2) Crimes or acts related to the manufacture, distribution, prescription, use, or dispensing of a controlled substance;
6. (3) Fraud, or substantial or repeated violations of applicable laws and rules in the operation of any health care facility or in the care of dependent persons;
7. (4) A conviction or pending criminal charge which substantially relates to the care of adults or minors, to the funds or property of adults or minors, or to the operation of a residential or health care facility; or
8. (5) Current investigations by enforcement agencies to include, but not be limited to, the District of Columbia Departments of Health, Health Care Finance, and Consumer and Regulatory Affairs, the

Federal Bureau of Investigation, the Office of Inspector General of the United States Department of Health and Human Services, and law enforcement agencies.

SOURCE: Final Rulemaking published at 54 DCR 5591 (June 8, 2007); as amended by Final Rulemaking published at 67 DCR 3717 (April 3, 2020).