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.
Last modified: February 3, 2019