(1) The Commission shall nominate persons who may be appointed by the Minister under section 76.

(2) The Commission may nominate persons under subsection (1), including members of the Commission, employees and members of staff of the Commission, who have, in the opinion of the Commission, sufficient relevant expertise to merit such appointment whether or not the persons are members or employees of the Commission.

(3) The Minister shall, in a manner ensuring the independence of adjudicators in the performance of their functions, prescribe categories of persons who may be nominated and criteria, including requirements and qualifications, by which to determine whether or not a person is eligible to be nominated by the Commission for appointment by the Minister as adjudicators (including a Chief Adjudicator).