(a) The Class I Wildlife Rehabilitator and Class II Wildlife Rehabilitator must:

1. (1) be over the age of 16 years and a resident of New York State;
2. (2) receive a grade of 80 percent or higher on a written examination administered by the department and designed to test knowledge in the field of wildlife rehabilitation;
3. (3) be interviewed, by a regional department employee responsible for the wildlife rehabilitation program, to assess the applicant's proficiency in wildlife rehabilitation; and

4. (4) if convicted of one or more criminal offenses, be found eligible after a balancing of the factors set out in article 23-A of the Correction Law. In accordance with that article, no license shall be denied by reason of the applicant having been previously convicted of one or more criminal offenses unless:

   1. (i) there is a direct relationship between one or more of the previous criminal offenses and the duties required of the license; or
   2. (ii) licensing the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the agency will look at all factors listed under Correction Law section 753.

(c) An Assistant Wildlife Rehabilitator must:

1. (1) be nominated by a Class II Wildlife Rehabilitator and may assist only that nominating Class II Wildlife Rehabilitator; and
2. (2) meet the same character requirements as a Class I Wildlife Rehabilitator.