Current through Register Vol. 46, No. 39, September 25, 2024
(a)
If the identity of a discharger has been determined pursuant to paragraph
402.5(a)(4) of this Part, or liability is conceded by an alleged discharger,
the administrator shall attempt to promote and arrange a settlement between the
claimant and the person responsible for the discharge.
(1) Failure to participate in the settlement
negotiations, without good cause, by the claimant shall result in the denial of
the claim. Failure to participate in the settlement negotiations by the person
having been determined responsible for the discharge or the person conceding
liability shall authorize the administrator to enter into a settlement
agreement with the claimant which shall be binding on the responsible
party.
(2) Where the claimant and
known or alleged discharger, if any, agree to the amount of the claim and
responsibility for the damage, the known or alleged discharger shall pay the
agreed amount to the claimant and such payment shall not be deemed an admission
of liability for purposes of any other claim or in any other
proceeding.
(3) If a settlement
cannot be achieved pursuant to this section, and a claimant directly presents a
claim to the fund for payment of damages, the administrator may convene a board
of arbitration to determine the validity or amount of the claim, and the
administrator shall convene a board to make such a determination if the alleged
discharger or other person contests in writing the validity or amount of said
claim.
(b) When a
claimant directly presents a claim to the fund for payment subsequent to the
conclusion of unsuccessful settlement negotiations, the administrator shall
provide written notice by certified mail, return receipt requested, of said
claim to any discharger or alleged discharger or other alleged responsible
party.
(1) Any challenge by the discharger or
alleged discharger or other person of the validity or amount of the claim must
be filed in writing with the administrator, within 20 days of the providing of
such notice, stating the particular items being challenged and the basis for
the challenge.
(2) No payment from
the fund may be made to a claimant until at least 21 days after said notice has
been provided; and if the administrator determines to convene a board or is
required to convene a board pursuant to section 185 of the Navigation Law, no payment may be
made except in accordance with the determination of said board and the
requirements of section 185 of the Navigation Law.
(3) If the administrator agrees to the amount
of the claim and no challenge of the validity or amount of the claim has been
filed with the administrator by the end of the 20 days, the administrator shall
certify the amount of the claim and the name of the claimant to the State
Comptroller, and the State Comptroller shall pay the same from the
fund.
(c) Claimants
shall produce all financial and other records required by the administrator.
Failure to produce requested records can, at the administrator's discretion,
result in the dismissal of a claim. In the absence of records or other proof of
the extent of loss, appraisals made by the administrator shall determine the
extent of the loss.
(d) Claims
seeking the restoration, repair or replacement of any real estate or personal
property shall be supported by the submittal of at least two estimates from
established and recognized appraisers, suppliers or repair services.
