(a) After receipt of the administrative law judge’s report and recommendation and the hearing record, the executive director or his or her designee shall make a final determination. The final determination of the executive director or designee shall be in writing and embodied in an order. The order shall be based exclusively upon the record of the hearing and shall contain findings of fact and conclusions of law. If the final determination of the executive director or designee conflicts with the administrative law judge’s report and recommendation, the executive director or designee shall set forth the reasons in the order. A copy of the written order shall be mailed to each party, or at the option of the parties, an electronic copy of such order shall be transmitted to each party.

(b) The order shall contain notice of the right to seek review of the order pursuant to article 78 of the Civil Practice Law and Rules.