44. A matter is decided by the member who heard it.
If a matter is heard by more than one member, the decision is made by the majority.
If a matter is continued by two members under the third paragraph of section 42 and opinions are equally divided on an issue, the issue is referred to the president or a member designated by the president, to be decided according to law. In such a case, the president or designated member may, with the parties’ consent, rely, as regards testimonial evidence, on the notes and minutes of the hearing or, as the case may be, on the stenographer’s notes or the recording of the hearing, subject to a witness being recalled or other evidence being required if the president or designated member finds the notes or the recording insufficient.