Sec 32-3632. Hearing and judicial review; civil penalties; costs and fees

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

B. If the board determines that a state licensed or state certified appraiser is in violation of this chapter, it shall prepare a finding of fact and take disciplinary or remedial action and may impose a civil penalty not to exceed three thousand dollars per complaint filed with the board pursuant to this chapter. All civil penalties collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. If a case proceeds to a formal hearing before either the board or the office of administrative hearings both of the following apply:

1. If the board sustains its burden of proof and prevails on the merits of the case, the board may collect from the respondent applicant, registered trainee appraiser, appraiser or property tax agent the board'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, pursuant to sections 35-146 and 35-147, in the board of appraisal fund established by section 32-3608. Notwithstanding section 35-143.01, these monies may be spent without legislative appropriation.

2. If the board 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 board fees and other costs associated with the formal hearing.

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