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



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



(c)  In the contested case hearing, in order to
obtain reimbursement, the petitioner shall establish by clear and convincing
evidence that the petitioner is not liable under this chapter and that the
costs for which the petitioner seeks reimbursement are reasonable in light of
the action required by the order.



(d)  A petitioner who is liable under this
chapter may recover the petitioner's reasonable costs of compliance with the
order from the fund, or, if there are not sufficient moneys in the fund to
satisfy the claims, then from the State, to the extent that the petitioner can
demonstrate, on the administrative record, that the director's decision in
selecting the action ordered was arbitrary and capricious or was otherwise not
in accordance with the law.  Reimbursement awarded under this subsection shall
include all costs incurred by the petitioner pursuant to the order.  If only a
portion of the order is found to be arbitrary and capricious or otherwise not
in accordance with law, reimbursement awarded under this paragraph shall
include all costs incurred by the petitioner pursuant to the portions of the
order found to be arbitrary and capricious or otherwise not in accordance with
the law.



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