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.

Terms Used In Arizona Laws 32-3632

  • Department: means the department of financial institutions. See Arizona Laws 32-3601
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Property tax agent: means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42-16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor and who receives a fee for the analysis of any matter relating to the review of the valuation of the person's property before the assessor. See Arizona Laws 32-3601
  • Registered trainee appraiser: means a person who meets both of the following requirements:

    (a) Is registered with the superintendent and meets the appraiser qualifications board's qualifications for trainee appraisers to perform appraisal services only under the direct supervision of a certified appraiser who has met the minimum criteria to be a supervisory appraiser. See Arizona Laws 32-3601

  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 32-3601
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

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.