Conviction of an offense does not disqualify an individual from licensure, self-declaration, or registration under this chapter unless the department determines:

1. The offense has a direct bearing upon the individual's ability to serve the public as the owner or operator of an early childhood program, holder of a self-declaration, or an in-home provider; or

2. Following conviction of any offense, the individual is not sufficiently rehabilitated under section 12.1-33-02.1.