2. Prior to approval of a certificate of need pursuant to section 7 of P.L.1971, c.136 (C. 26:2H-7) for an assisted living residence or program, the commissioner shall evaluate the background of an applicant for a certificate of need to ensure, at a minimum, that the applicant is:

a. of good moral character;

b. economically capable of constructing or expanding, as appropriate, and maintaining an assisted living residence or program, as applicable;

c. capable of successfully providing assisted living services that meet or surpass the licensing standards for assisted living residences or programs, as applicable, as set by the commissioner;

d. capable of demonstrating an acceptable track record, if appropriate, of the applicant’s past and current compliance with State licensure requirements, applicable federal requirements and State certificate of need requirements pursuant to section 7 of P.L.1971, c.136 (C. 26:2H-7); and

e. capable of demonstrating an acceptable track record of the applicant’s past and current compliance with State licensure or applicable federal or State requirements for, and the financial success of, any health care-related or other business activity that involves construction, operation or management of the activity.

L.2002,c.25,s.2.