(a) Except in any case where the board finds collection of the fee to be in jeopardy, if any property has been levied upon, the property or the proceeds from the sale of the property shall be returned to the fee payer if the board determines any one of the following:

1. (1) The levy on the property was not in accordance with the law.
2. (2) The fee payer has entered into and is in compliance with an installment payment agreement pursuant to Section 46464 to satisfy the fee liability for which the levy was imposed, unless that or another agreement allows for the levy.
3. (3) The return of the property will facilitate the collection of the fee liability or will be in the best interest of the state and the fee payer.