The commissioner shall adopt rules, under RSA 541-A, relative to:
I. Minimum standards for licensing which apply to the various types of child day care agencies. The department shall seek the advice and assistance of persons representative of the various types of child day care agencies in adopting rules. The standards prescribed shall include:
(a) The operation and conduct of the agency and the responsibility it assumes for child day care.
(b) The character, qualifications, mental and physical ability and competence of the applicant as well as all persons directly responsible for the care and welfare of children served, or of persons who will be providing necessary care for children and maintaining prescribed standards, or of persons who will do both.