(1)As soon as practicable after the commissioner recommends that the application be the subject of specialist or department adjudication, the commissioner must refer the application to—
(a)if the recommendation is for specialist adjudication—the adjudicator decided under the recommendation; or
(b)if the recommendation is for department adjudication—an adjudicator appointed for conducting department adjudication.
(2)The adjudicator to whom an application is referred can not be the person who conducted the department conciliation for the dispute the subject of the application.