Legislation
SECTION 305
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 or four hundred eight-a
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 such person's 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 or four hundred eight-a 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
interest.
(e) Nothing herein contained shall require the observance at any such
hearing of formal rules of pleading or evidence.
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 or four hundred eight-a
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 such person's 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 or four hundred eight-a 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
interest.
(e) Nothing herein contained shall require the observance at any such
hearing of formal rules of pleading or evidence.