(1) The Division requires applicants to consent to a criminal history record check.
(2) In reviewing an application, the Division may only deny an application based on a conviction under the requirements of N.C.G.S. § 20-294 and N.C.G.S. § 93B-8.1. Upon review of the application where the applicant has a criminal conviction, the Division shall consider:
(a) The level and seriousness of the crime.
(b) The date of the crime.
(c) The age of the person at the time of the crime.
(d) The circumstances surrounding the commission of the crime, if known.
(e) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee.
(f) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
(g) The completion of, or active participation in, rehabilitative drug or alcohol treatment.
(h) A Certificate of Relief granted pursuant to C.S. 15A-173.2.
(i) The subsequent commission of a crime by the applicant.
(j) Any affidavits or other written documents, including character references.
(3) Any material misstatement on this application and/or other grounds besides convictions listed under N.C.G.S. § 20-294 may authorize the denial of the application.
(4) If the Division denies an application based on a conviction and/or other grounds listed under N.C.G.S. § 20-294, the applicant may appeal the denial under the procedures set forth under N.C.G.S. § 20-300, N.C.G.S. § 150B-45, and the remaining provisions of Article IV of Chapter 150B.