(a) When the Commissioner is required to consult with a panel concerning a classification under § 860.84 , the Commissioner will consult with the panel in one of the following ways:
(1) Consultation by telephone with at least a majority of current voting panel members and, when possible, nonvoting panel members in a telephone or video conference call; or
(2) Discussion at a panel meeting.
(b) The method of consultation chosen by the Commissioner will depend upon the importance and complexity of the subject matter involved and the time available for action. When time and circumstances permit, the Commissioner will consult with a panel through discussion at a panel meeting.