Fit and qualified

Fit and qualified.

(1) Eligibility. An applicant may not be licensed unless the department determines the applicant is fit and qualified to operate a CBRF.

(2) Standards. In determining whether a person is fit and qualified, the department shall consider all of the following:

(a) Compliance history. Compliance history with Wisconsin or any other state’s licensing requirements and with any federal certification requirements, including any license revocation or denial.

(b) Criminal history. Arrest and criminal records, including any of the following:

1. Crimes or acts involving abuse, neglect or mistreatment of a person or misappropriation of property of the person.

2. Crimes or acts subject to elder abuse reporting under s. 46.90 , Stats.

3. Crimes or acts related to the manufacture, distribution, prescription, use, or dispensing of a controlled substance.

4. 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.

5. 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.

(c) Financial history. Financial stability, including:

1. Financial history and financial viability of the owner or related organization.

2. Outstanding debts or amounts due to the department or other government agencies, including unpaid forfeitures and fines.