(a) Not less than seven days before the date scheduled for the hearing the panel members chosen by the board and the employee shall be certified mail or telegram advise the commissioner of the name of the person chosen as the chairperson of the panel, or that no agreement as to a chairperson of the panel has been reached.

(b) If such notice is not received by the commissioner at least five days before the date scheduled for the hearing the commissioner shall select the chairperson of the panel.