Filing and determination of review. Either the licensee or the department may seek a review. A notice of review must be served by certified mail upon the administrative review board and the adverse party within fourteen days of service of the determination of the committee on professional conduct of the state board for professional medical conduct. A commissioner's summary order under subdivision twelve of section two hundred thirty of this title and the penalty in any case in which annulment, suspension without stay or revocation of the licensee's license is ordered by the committee on professional conduct shall remain in effect until the review board renders its determination. Any penalty imposed by the order of the committee on professional medical conduct, other than a penalty of annulment, suspension without stay or revocation, is stayed by the service of the notice of review upon the administrative review board and remains stayed until the review board renders its determination.
All parties have thirty days from the service of the notice of review to submit briefs to the board.
A notice of review shall be perfected only if a brief is timely submitted. All parties shall have seven days from the receipt of the submitted brief to file a response. All reviews shall consist of a review of the record of the hearing and submitted briefs only. A written determination of the review board must be rendered within forty-five days of the submission of briefs and a stipulated record. The review board shall review whether or not the determination and the penalty are consistent with the findings of fact and conclusions of law and whether or not the penalty is appropriate and within the scope of penalties permitted by section two hundred thirty-a of this title.