(b) If there is noncompliance with either of the following sections at the time the license is to be issued, no license will be issued:
- (1) Section 2390.14(a) (relating to fire safety occupancy permit)—weight 8.33. This is a no license regulation for new facilities and facilities with no occupancy permit.
- (2) Section 2390.19(a) (relating to abuse)—weight 8.81. Each incidence of abuse will be investigated and evaluated individually by the Office of Mental Retardation before negative licensing action is taken.