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This entry was published on 2014-09-22
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SECTION 304
Notice; how given
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 3
§ 304. Notice; how given. (a) (1) Except when other notice is required
by law, whenever the provisions of this chapter, the insurance law, the
banking law or any other applicable law require the superintendent to
give notice to any person of any authorized action or proposed action,
it shall be sufficient to give such notice in writing either by
delivering it to such person or by depositing the same in the United
States mail, postage prepaid, registered or certified, and addressed to
the last known place of business of such person or if no such address is
known to the superintendent, then to the residence address of such
person.

(2) Such notice shall refer to the provisions of this chapter, the
insurance law, the banking law or any other applicable law pursuant to
which the authorized action was taken or is proposed to be taken and the
grounds therefor, but failure to make such reference shall not render
the notice ineffective if the person to whom it is addressed is thereby
or otherwise reasonably apprised of such grounds.

(3) If the person being notified is entitled to a hearing by the
provisions of this chapter, the banking law, the insurance law or any
other law, the notice of proposed action may specify that such proposed
action may be considered, or when authorized, taken on a date specified
in the notice unless such person shall notify the superintendent in
writing that a hearing is demanded; in such case the superintendent
shall give such person a further notice of the time and place of such
hearing in the manner stated in this paragraph, and to the address
specified by such person if provided.

(b) Whenever the provisions of this chapter, the insurance law, the
banking law, or any other law require the superintendent to give to any
person a hearing on any proposed action, it shall be sufficient
compliance with such requirement if the superintendent gives to such
person:

(1) notice of the time and the place at which an opportunity for
hearing will be afforded, and

(2) an opportunity for hearing, if the person appears at the time and
place specified in the notice or any adjourned date.

(c) Any hearing of which such notice is given may be adjourned from
time to time without other notice than the announcement thereof at such
hearing.

(d) Whenever any person is entitled to a hearing by the provisions of
this chapter, the insurance law, the banking law, or any other law
before any proposed action is taken, the notice of such proposed action
may, if the superintendent deems it expedient, be in the form of a
notice to show cause stating that such proposed action may be taken
unless such person shows cause at a hearing to be held at a time and
place specified in such notice, why such proposed action should not be
taken.

(e) The statement of any regular salaried employee of the department
of financial services, subscribed and affirmed by such employee as true
under the penalties of perjury, stating facts which show that any notice
referred to in this section has been delivered or mailed as hereinbefore
provided, shall be presumptive evidence that such notice has been duly
delivered or mailed, as the case may be.