(a) Default Orders. In cases brought before SOAH, in
the event that the respondent is adjudged to be in violation of the
Act by default, the Board has the authority to assess, in addition
to penalty imposed, costs of transcribing the administrative hearing.
(b) Mediation at SOAH. The costs of mediation shall
be born equally by the parties, unless proof through affidavit and
other reliable records such as tax returns show that a party is incapable
of paying part of the costs of mediation.
(c) Trial on the Merits. In cases brought before SOAH,
in the event that the respondent is adjudged after a trial on the
merits to be either in violation of the Act or ineligible for licensure,
the Board has the authority to assess, in addition to the penalty
imposed, the costs of transcribing the administrative hearing.
(d) Appeal. The costs of transcribing the testimony
and preparing the record for an appeal by judicial review shall be
paid by the party who appeals.
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