If the Office of Environmental Health Hazard Assessment does not concur with the determination of the department pursuant to Section 13131.2, the issue shall be decided by a majority of the membership of a panel consisting of the following persons:

1. (a) An appointee of the State Director of Health Services who has expertise in toxicology.
2. (b) An appointee of the President of the University of California who has expertise in toxicology.
3. (c) An appointee of the Secretary for Environmental Protection who has expertise in toxicology.