(a) Six members of the commission shall constitute a quorum of the commission except for any action taken pursuant to section 43, subdivision 2, and section 44, subdivisions 4 through 8, of the Judiciary Law, in which case eight members shall constitute a quorum. A member who abstains from, or does not participate in, voting shall be considered to be present for purposes of quorum.

(b) For any action taken by the commission pursuant to its statutory functions, powers or duties, the concurrence of six members shall be necessary; except any action taken pursuant to section 44, subdivision 1, 2 or 3 of the Judiciary Law, and any designation of a panel provided for in section 43, subdivision 1 of the Judiciary Law shall require the concurrence of a majority of those members present.