§ 185 — Hearings for persons on claims filed with the administrator

New York § 185

• Jurisdiction: New York
• Law NAV: Navigation
• Part 3: New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation
• Art. 12: Oil Spill Prevention, Control, and Compensation

Text

§ 185. Hearings for persons on claims filed with the administrator. 1.\nThe administrator shall grant a hearing when persons alleged to be\nresponsible for the discharge contest the validity or amount of damage\nclaims or claims for cleanup and removal costs presented by injured\npersons to the fund for payment or when injured persons who have filed a\nclaim against the fund contest the validity or amount of the settlement\nproposed by the administrator.\n 2. One hearing may be granted to hear and determine all claims arising\nfrom or related to a common discharge.\n 3. The burden of proof with respect to the validity or amount of\ndamage claims or claims for cleanup and removal costs shall be upon the\npersons contesting such claims or the claimants contesting the\nsettlement proposed by the administrator.\n 4. At least twenty days notice of such hearing shall be given by the\nadministrator to the claimants and, if known, the alleged dischargers.\n 5. Upon the return day of such notice the person so notified shall\nfile with the administrator a statement setting forth the position of\nthe person so notified. Pertinent and relevant testimony of witnesses\nshall be received in support of or opposition to said statement. The\nclaimants or alleged dischargers may appear in person or by attorney,\npresent witnesses, submit evidence and be given full opportunity to be\nheard.\n 6. The administrator shall have the power to order testimony under\noath and may subpoena attendance and testimony of witnesses and the\nproduction of such documentary materials pertinent to the issues\npresented at the hearing. Each person appearing at the hearing may be\nrepresented by counsel.\n 7. Within sixty calendar days from the close of such hearing and after\ndue consideration of the written and oral statements and testimony and\narguments filed pursuant to this section, or on default in appearance on\nsaid return day, the administrator shall make a final determination on\nthe validity or amount of the damage claims or claims for cleanup and\nremoval costs filed by the injured persons. The administrator shall\nnotify the claimant and, if known, the alleged discharger thereof in\nwriting by registered mail.\n 8. Determinations made by the administrator after such hearing shall\nbe final and conclusive. Any action for judicial review shall be filed\npursuant to the provisions of article seventy-eight of the civil\npractice law and rules.\n 9. Upon a determination by the administrator that provides for an\naward to the claimants, the administrator shall certify the amount of\nthe award and the name of the claimant to the state comptroller, who\nshall pay the award from the fund. In any case in which a person\nresponsible for the discharge seeks judicial review, reasonable\nattorney's fees and costs shall be awarded to the claimant if the\ndetermination of the administrator is affirmed.\n