NY Nav L § 185 (2021)
2021 New York Laws NAV - Navigation Article 12 - Oil Spill Prevention, Control, and Compensation Part 3 - New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation 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.