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This entry was published on 2015-04-24
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SECTION 185
Hearings for persons on claims filed with the administrator
Navigation (NAV) CHAPTER 37, ARTICLE 12, PART 3
§ 185. Hearings for persons on claims filed with the administrator. 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 a 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.