1(1) The chairman shall appoint two current or former members of the Board to serve on the probable cause panel (hereinafter referred to as the “panel”). The panel shall include at least one current member of the Board. Such appointment shall be for six months. The determination of probable cause shall be made by majority vote of the panel. In the event of a tie vote or if the panel cannot otherwise determine the existence of probable cause, the presiding member of the panel shall so advise the general counsel of the Department in writing.
96(2) Notwithstanding subsection (1), when the chairman is unable to appoint a probable cause panel, the board delegates to the department the authority to determine whether probable cause exists.
