(a) The commissioner or the commissioner's designee must, in his or her sole discretion, select the members of the expert panel.     
      (b) When selecting a member of the expert panel, the commissioner or the commissioner's designee may consider:      
        (1) the applicant's education, experience, and expertise;       
        (2) the composition of the expert panel; and       
        (3) the applicant's ability to further the purpose of the expert panel.       
      (c) The department will notify the selected expert panel members.     
     Source Note:        The provisions of this §5.4263 adopted to be effective January 9, 2013, 38 TexReg 142