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This entry was published on 2021-08-06
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SECTION 33
Service of notice
Labor (LAB) CHAPTER 31, ARTICLE 2
§ 33. Service of notice. 1. Notwithstanding any other law, rule, or
regulation, whenever the commissioner or board or any person affected by
the provisions of this chapter is required to give notice in writing to
any person, such notice may be given by mailing it in a letter addressed
to the last known place of business of such person, by delivering it to
the person personally, or by electronic communication with the consent
of the person in accordance with subdivision two of this section. Notice
to a partnership may be given to any of the partners, notice to a
corporation may be given to any officer or agent thereof, and notice to
a limited liability company may be given to any member or agent thereof,
upon whom a summons may be served as provided by the civil practice law
and rules, or by electronic communication with the consent of the entity
in accordance with subdivision two of this section. Consent for any
entity may be provided by a partner, officer, agent, member, owner, or
other similar individual. Whenever an order or demand of the department
is required to be served it shall be served in the manner hereinbefore
provided for the service of a notice, by delivering it to any person of
suitable age and discretion in charge of the premises affected by such
order or demand, or by electronic communication with the consent of the
person in accordance with subdivision two of this section, or if no
person is found in charge by affixing a copy thereof conspicuously upon
the premises.

2. For the purposes of this section, a person or entity shall be
deemed to have consented to electronic communication if, having been
advised conspicuously that enrollment or registration is voluntary and
that they may continue to receive notices by mail or personal service as
provided in this section, they instead affirmatively choose to receive
notices by electronic communications only.