(a) If after judicial review, the administrative penalty is reduced or is not upheld by the court, the board shall:
(1) remit the appropriate amount, plus accrued interest, to the person if the person paid the penalty; or
(2) execute a release of the bond if the person posted a supersedeas bond.
(b) The interest paid under Subsection (a) is paid at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.