Section 185. Hearings for persons on claims filed with the administrator  


Latest version.
  • 1.
      The  administrator  shall  grant  a  hearing  when persons alleged to be
      responsible for the discharge contest the validity or amount  of  damage
      claims  or  claims  for  cleanup  and removal costs presented by injured
      persons to the fund for payment or when injured persons who have filed a
      claim against the fund contest the validity or amount of the  settlement
      proposed by the administrator.
        2. One hearing may be granted to hear and determine all claims arising
      from or related to a common discharge.
        3.  The  burden  of  proof  with  respect to the validity or amount of
      damage claims or claims for cleanup and removal costs shall be upon  the
      persons   contesting   such  claims  or  the  claimants  contesting  the
      settlement proposed by the administrator.
        4. At least twenty days notice of such hearing shall be given  by  the
      administrator to the claimants and, if known, the alleged dischargers.
        5.  Upon  the  return  day of such notice the person so notified shall
      file with the administrator a statement setting forth  the  position  of
      the  person  so  notified. Pertinent and relevant testimony of witnesses
      shall be received in support of or opposition  to  said  statement.  The
      claimants  or  alleged  dischargers may appear in person or by attorney,
      present witnesses, submit evidence and be given full opportunity  to  be
      heard.
        6.  The  administrator  shall  have the power to order testimony under
      oath and may subpoena attendance and  testimony  of  witnesses  and  the
      production  of  such  documentary  materials  pertinent  to  the  issues
      presented at the hearing. Each person appearing at the  hearing  may  be
      represented by counsel.
        7. Within sixty calendar days from the close of such hearing and after
      due  consideration  of the written and oral statements and testimony and
      arguments filed pursuant to this section, or on default in appearance on
      said return day, the administrator shall make his final determination on
      the validity or amount of the damage claims or claims  for  cleanup  and
      removal  costs  filed  by  the  injured persons. The administrator shall
      notify the claimant and, if known, the  alleged  discharger  thereof  in
      writing by registered mail.
        8.  Determinations  made by the administrator after such hearing shall
      be final and conclusive. Any action for judicial review shall  be  filed
      pursuant  to  the  provisions  of  article  seventy-eight  of  the civil
      practice law and rules.
        9. Upon a determination by the  administrator  that  provides  for  an
      award  to  the  claimants, the administrator shall certify the amount of
      the award and the name of the claimant to  the  state  comptroller,  who
      shall  pay  the  award  from  the  fund.  In  any case in which a person
      responsible  for  the  discharge  seeks  judicial   review,   reasonable
      attorney's  fees  and  costs  shall  be  awarded  to the claimant if the
      determination of the administrator is affirmed.