[§128D-19]  Administrative review of orders. (a)  Any person who receives and complies with the terms of any order issuedunder this chapter, within sixty days after completion of the required order,may petition the director to appoint a hearings officer for review of the orderand for reimbursement from the fund or the State for the reasonable costs ofcomplying with the order, including interest.

(b)  Within thirty days of receipt of thepetition, the hearings officer shall commence a contested case hearing incompliance with chapter 91, and, within thirty days of the completion of thehearing, grant in whole or in part, or deny the petition.

(c)  In the contested case hearing, in order toobtain reimbursement, the petitioner shall establish by clear and convincingevidence that the petitioner is not liable under this chapter and that thecosts for which the petitioner seeks reimbursement are reasonable in light ofthe action required by the order.

(d)  A petitioner who is liable under thischapter may recover the petitioner's reasonable costs of compliance with theorder from the fund, or, if there are not sufficient moneys in the fund tosatisfy the claims, then from the State, to the extent that the petitioner candemonstrate, on the administrative record, that the director's decision inselecting the action ordered was arbitrary and capricious or was otherwise notin accordance with the law.  Reimbursement awarded under this subsection shallinclude all costs incurred by the petitioner pursuant to the order.  If only aportion of the order is found to be arbitrary and capricious or otherwise notin accordance with law, reimbursement awarded under this paragraph shallinclude all costs incurred by the petitioner pursuant to the portions of theorder found to be arbitrary and capricious or otherwise not in accordance withthe law.

(e)  Reimbursement awarded under subsections(c) and (d) may include appropriate costs, fees, and other expenses, includingreasonable attorney's fees. [L 1991, c 280, pt of §1]