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This entry was published on 2014-09-22
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Hearings; conduct; findings and report
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 3
§ 305. Hearings; conduct; findings and report. (a) Unless otherwise
provided in this chapter, the banking law, the insurance law or any
other law, any hearing pursuant to any such law may be held before the
superintendent, any deputy superintendent, or any designated salaried
employee of the department authorized by the superintendent for such
purpose. Any adjudicatory proceeding, including any hearings to assess
civil penalties under section four hundred eight of this chapter, held
pursuant to the provisions of this chapter, the insurance law or the
banking law shall be noticed, conducted and administered in compliance
with the state administrative procedure act.

(b) The person conducting such hearing shall have power to administer
oaths, examine and cross-examine witnesses and receive documentary
evidence, and shall report his or her findings, orally or in writing, to
the superintendent with or without recommendation. Such report, if
adopted by the superintendent may be the basis of any determination made
by the superintendent. One hundred twenty days after the effective date
of a determination of liability for a civil penalty pursuant to section
four hundred eight of this chapter or four hundred three, one thousand
one hundred two, two thousand one hundred two, two thousand one hundred
seventeen, two thousand one hundred thirty-three or seven thousand eight
hundred sixteen of the insurance law, such determination of liability
for a civil penalty may be entered as a judgment and enforced, without
court proceedings, in the same manner as the enforcement of a money
judgment in civil actions in any court of competent jurisdiction or any
other place provided for the entry of civil judgment within this state.

(c) Every such hearing, except for hearings under the banking law,
shall be open to the public unless the superintendent or the person
authorized by the superintendent to conduct such hearing, shall
determine that a private hearing would be in the public interest, in
which case the hearing shall be private. Hearings under the banking law
shall be as provided for in the banking law.

(d) Every person affected shall be allowed to be present during the
giving of all the testimony, and shall be allowed a reasonable
opportunity to inspect all adverse documentary proof, to examine and
cross-examine witnesses, and to present proof in support of the person's

(e) Nothing herein contained shall require the observance at any such
hearing of formal rules of pleading or evidence.