(b) 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. The review board shall have the authority to remand a case to the committee on professional conduct for reconsideration or further proceedings.

(c) All determinations shall be based upon a majority concurrence of the administrative review board.

(d) The administrative review board shall issue an order based upon the determination of the administrative review board. Such order shall be served on all parties by certified mail. 5. Judicial review. An order of the administrative review board for professional medical conduct or a determination of a committee in which no review by the administrative review board was requested may be reviewed pursuant to the proceedings under article seventy-eight of the civil practice law and rules. Such proceeding shall be returnable before the appellate division of the third judicial department and such decisions shall not be stayed or enjoined except upon application to such appellate division after notice to the department and to the attorney general and upon a showing that the petitioner has a substantial likelihood of success. Failure to seek an order of the administrative review board shall not be grounds for dismissal of such a proceeding.