If the Office is unable to assign an administrative law judge in response to an agency request, the Chief Administrative Law Judge shall designate in writing an individual to serve as an administrative law judge in a proceeding before the agency if:

(1) the individual meets the qualifications for an administrative law judge established by the Office under § 9-1604(a)(2) of this subtitle; and

(2) the agency that employs the individual consents to the assignment.