§ 46-12.7-14 Board of arbitration. –(a) The director shall establish a disputed claims processing capability withinthe department to hear and determine claims filed under this chapter that arenot agreed upon by the claimant and the director and any responsible party whohas joined as an interested party.
(b) An independent hearing examiner appointed by thecommissioner shall hear and determine any disputed damage claims. The hearingexaminer shall be an individual with appropriate qualifications. The parties tothe hearing are the director and the claimant.
(c) To the extent practical, all claims arising from orrelated to a common oil spill must be heard and determined by the same hearingexaminer.
(d) Hearings before the hearing examiner are informal and therules of evidence applicable to judicial proceedings are not binding. Thehearing examiner may administer oaths and require by subpoena the attendanceand testimony of witnesses and the production of books, recourse, and otherevidence relative or pertinent to the issues presented to the hearing examinerfor determination.
(e) Determinations made by the hearing examiner are final andthose determinations may be subject to review by a justice of the superiorcourt, but only as to matters related to abuse of discretion by the hearingexaminer. The party seeking review of a hearing examiner's determination mustfile an appeal in the superior court within thirty (30) days of thedetermination. Determinations made by the hearing examiner must be accorded apresumption of regularity and validity in a subsequent reimbursement action,but this presumption may be rebutted by responsible parties.
(f) The director shall certify the amount of the damageaward, if any, after determination by the hearing examiner and shall certifythe name of the claimant to the treasurer of the state.
§ 46-12.7-14 Board of arbitration. –(a) The director shall establish a disputed claims processing capability withinthe department to hear and determine claims filed under this chapter that arenot agreed upon by the claimant and the director and any responsible party whohas joined as an interested party.
(b) An independent hearing examiner appointed by thecommissioner shall hear and determine any disputed damage claims. The hearingexaminer shall be an individual with appropriate qualifications. The parties tothe hearing are the director and the claimant.
(c) To the extent practical, all claims arising from orrelated to a common oil spill must be heard and determined by the same hearingexaminer.
(d) Hearings before the hearing examiner are informal and therules of evidence applicable to judicial proceedings are not binding. Thehearing examiner may administer oaths and require by subpoena the attendanceand testimony of witnesses and the production of books, recourse, and otherevidence relative or pertinent to the issues presented to the hearing examinerfor determination.
(e) Determinations made by the hearing examiner are final andthose determinations may be subject to review by a justice of the superiorcourt, but only as to matters related to abuse of discretion by the hearingexaminer. The party seeking review of a hearing examiner's determination mustfile an appeal in the superior court within thirty (30) days of thedetermination. Determinations made by the hearing examiner must be accorded apresumption of regularity and validity in a subsequent reimbursement action,but this presumption may be rebutted by responsible parties.
(f) The director shall certify the amount of the damageaward, if any, after determination by the hearing examiner and shall certifythe name of the claimant to the treasurer of the state.
§ 46-12.7-14 Board of arbitration. –(a) The director shall establish a disputed claims processing capability withinthe department to hear and determine claims filed under this chapter that arenot agreed upon by the claimant and the director and any responsible party whohas joined as an interested party.
(b) An independent hearing examiner appointed by thecommissioner shall hear and determine any disputed damage claims. The hearingexaminer shall be an individual with appropriate qualifications. The parties tothe hearing are the director and the claimant.
(c) To the extent practical, all claims arising from orrelated to a common oil spill must be heard and determined by the same hearingexaminer.
(d) Hearings before the hearing examiner are informal and therules of evidence applicable to judicial proceedings are not binding. Thehearing examiner may administer oaths and require by subpoena the attendanceand testimony of witnesses and the production of books, recourse, and otherevidence relative or pertinent to the issues presented to the hearing examinerfor determination.
(e) Determinations made by the hearing examiner are final andthose determinations may be subject to review by a justice of the superiorcourt, but only as to matters related to abuse of discretion by the hearingexaminer. The party seeking review of a hearing examiner's determination mustfile an appeal in the superior court within thirty (30) days of thedetermination. Determinations made by the hearing examiner must be accorded apresumption of regularity and validity in a subsequent reimbursement action,but this presumption may be rebutted by responsible parties.
(f) The director shall certify the amount of the damageaward, if any, after determination by the hearing examiner and shall certifythe name of the claimant to the treasurer of the state.
