(a) A person found liable by a hearing examiner after a reconsideration conducted pursuant to § 50-2303.11 may appeal the matter to the appeals board pursuant to the provisions of this subchapter; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing under § 50-2302.06(b) or a deemed admission under § 50-2302.05 or § 50-2303.05(d)(2) shall be appealed directly to the appeals board. The Director shall appoint an appeals board, pursuant to § 50-2304.01, to consider and determine appeals.
(b) A person who is successful in the appeal of a determination of the existence of liability or the sanction imposed under this subchapter, or both, shall be entitled to a refund of any fee imposed for bringing the appeal.