.08 Qualifications of Provider or Supervisor.

A. An individual employed by a provider to work in a supervisory position in a facility and, if the provider is an individual, the provider, shall have at least the minimum qualifications set forth in §B of this regulation.

B. To qualify to work in a supervisory position for a provider, an individual:

(1) Shall be 21 years old or older;

(2) Shall be literate and able to communicate effectively with participants;

(3) Shall have sufficient skills, education, training, and experience to perform the required services;

(4) Shall have sufficient physical, emotional, and mental capacity to perform the duties required;

(5) Shall be of good moral character;

(6) Shall fully cooperate with a provider's efforts to comply with Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland (Adult Dependent Care Programs—Criminal History Records Checks and Background Checks);

(7) May not have been convicted of, received a probation before judgment for, or entered a plea of nolo contendere to a felony or any crime involving moral turpitude or theft, or have any other criminal history that indicates behavior which is potentially harmful to participants;

(8) May not be cited on the Maryland Geriatric Nursing Assistants Registry under COMAR with a determination of:

(a) Abuse;

(b) Misappropriation of resident property; or

(c) Neglect; and

(9) May not have violated any State or local law regulating residential care facilities, which violation resulted in revocation or nonrenewal of a license or certificate.