The Commissioner may disqualify a testing facility upon finding all of the following:

1. (a) The testing facility failed to comply with one or more of the regulations set forth in this part (or any other regulations regarding such facilities in this chapter);
2. (b) The noncompliance adversely affected the validity of the nonclinical laboratory studies; and
3. (c) Other lesser regulatory actions (e.g., warnings or rejection of individual studies) have not been or will probably not be adequate to achieve compliance with the good laboratory practice regulations.