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This entry was published on 2022-07-29
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Hearings and reports on defined violations and determined violations
Insurance (ISC) CHAPTER 28, ARTICLE 24
§ 2405. Hearings and reports on defined violations and determined
violations. (a) Whenever the superintendent has reason to believe that a
person has committed or is committing a defined violation or has been
engaged in or is engaging in any method of competition, or any act or
practice, could become a determined violation and that a proceeding
thereon would be in the interest of the public, the superintendent shall
serve upon the person in the manner provided by section three hundred
four of the financial services law, a statement of the charges and
notice of a hearing to be held at a time not less than ten days after
the date of service of the notice and at the place fixed in the notice.

(b) The person shall have an opportunity at the hearing to be heard
personally or by counsel, and, in the case of a defined violation, to
show cause why an order should not be made by the superintendent
requiring the person to cease and desist from the charged defined
violation. Upon good cause shown, the superintendent shall permit anyone
to intervene, appear and be heard at the hearing personally or by

(c) After the hearing, the superintendent shall make a written report
containing the superintendent's findings, and shall serve a copy of the
report upon the person and any intervenor.