2006 New York Code - Hearings For Persons On Claims Filed With The Administrator.

 
    § 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 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.