32-3632. Hearing and judicial review; costs and fees; appeal

A. The hearing on the charges shall be at a time and place prescribed by the and shall be in accordance with title 41, chapter 6, article 10.

B. If a case proceeds to a hearing before either the superintendent or an administrative law judge, both of the following apply:

1. If the department sustains its burden of proof and prevails on the merits of the case, the department may collect from the respondent applicant, registered trainee appraiser, appraiser or property tax agent the department's costs and expenses associated with the formal hearing, including reasonable attorney fees, expert testimony and preparation fees, investigative costs and expenses and costs incurred relating to the office of administrative hearings and court reporters. All monies collected pursuant to this paragraph shall be deposited in the department revolving fund established by section 6-135.

2. If the department does not sustain its burden of proof and the respondent applicant, registered trainee appraiser, appraiser or property tax agent prevails on the merits of the case, the respondent applicant, registered trainee appraiser, appraiser or property tax agent may collect from the department fees and other costs associated with the formal hearing.

C. Except as provided in section 41-1092.08, subsection H, any final decision or order of the superintendent may be appealed to the superior court pursuant to title 12, chapter 7, article 6.