N.Y. Navigation Law § 185: 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 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.