(a) The applicant shall be given 15 days' notice, by mail, of the time and place of the hearing and a statement of the matters asserted which raised the question of the applicant's qualifications to practice a licensed profession based upon his or her prior disciplinary history.

(b) The applicant may be represented at the hearing by an attorney, may cross-examine witnesses, may produce witnesses, and except as limited in this subdivision may present evidence on the conduct underlying the applicant's prior disciplinary history. In cases in which the applicant in his or her prior disciplinary history has been found guilty of professional misconduct, or has admitted such guilt, and has had an opportunity for a hearing in the other jurisdiction, the evidence in the hearing in this proceeding shall be limited to a consideration of whether the conduct for which the applicant has been found guilty or admitted guilt is sufficiently egregious to result in a denial of authorization to practice the licensed profession in New York State, and whether the prior disciplinary action constitutes a prior disciplinary history as defined in section 28-2.1 of this Subpart.

(c) The hearing, at which a verbatim record shall be taken, shall take place before a panel consisting of three or more members of the appropriate professional State Board, and before an administrative officer admitted to practice as an attorney in the State of New York, designated by the department. Such administrative officer shall have authority to rule on all motions, procedures and other legal objections, but shall not be entitled to vote in the determination of the panel.

(d) The determination of the panel shall be made by a majority vote of the panel and shall be rendered in a written report which shall be drafted by the administrative officer, shall reflect the determination and recommendations of the panel, and shall be subject to the approval of and signature by the panel chairperson on behalf of the panel. Copies of the report shall be forwarded to the director of the Division of Professional Licensing Services and to the applicant.