(II) Decide whether the evidence supports the division's finding by a
preponderance of the evidence; and
(III) Enter an appropriate order within thirty days after the completion of the
hearing and immediately send copies of the order to the affected parties.
(b) An order entered by an administrative law judge constitutes the final
agency order of the division and is subject to judicial review pursuant to article 4 of
title 24. An order entered by an administrative law judge may be appealed by the
respondent and the division.
(10) When the division imposes any penalty against a respondent landlord
under this part 11, the respondent may not seek any recovery or reimbursement of
the penalty from a complainant or from any other home owner or resident.
(11) All money collected from the imposition of any penalties imposed under
this section other than any portion of the penalties required to be paid to a
complainant must be deposited in the fund.
(12) This section does not provide an exclusive remedy and does not limit the
right of landlords, home owners, or residents to take legal action against another
party as provided in the act or otherwise. Exhaustion of the administrative remedy
provided in this section is not required before a landlord, home owner, or resident
may bring a legal action.
(13) A landlord shall not take any retaliatory actions against a home owner or
resident for filing a complaint and shall not harass or intimidate a home owner or
resident in violation of section 38-12-212.5 (4.5). If the division determines that a
landlord has retaliated against a home owner or resident or violated section 38-12-212.5 (4.5), the division may impose a fine of up to ten thousand dollars on the
landlord.