Hearings requested under § 70-15, 70-17 or 70-19 of this Part 1 shall be conducted in the following manner: The Insurance Administrator shall designate a hearing officer to hear evidence related to the issue to be determined. The claimant may subpoena witnesses. After such hearing before a hearing officer, the hearing officer shall present the record and a recommended report to the Insurance Administrator for action. The Insurance Administrator shall, after review of the record and recommended report, determine whether to approve, modify or reject such recommended report and decide the issue presented. The Insurance Administrator shall decide the matter within 10 days after receipt of such recommended report and notify the claimant of the decision in writing. Such decision may be reviewed by any person aggrieved thereby in any court of competent jurisdiction by a proceeding instituted under the provisions of Article 78 of the Civil Practice Law and Rules.
