§ 36 — Orders and service thereof

§ 36. Orders and service thereof. 1. If it be ascertained after an\ninvestigation or hearing conducted as herein provided, that any person,\nassociation or corporation has failed to comply with or is guilty of a\nviolation of the provisions of this chapter or of a rule of the\ndepartment, or of any other general or special law relative to any\nmatter within the jurisdiction of the department, an order may be made\nby the commissioner, under the seal of the department, compelling a\ncompliance with such law or rule.\n 2. Every such order shall be served upon every person, association or\ncorporation affected thereby, either by personal delivery of a certified\ncopy thereof, or by mailing a certified copy thereof with postage\nprepaid to the person affected thereby, or in case of a corporation or\nassociation, to an officer or agent thereof, upon whom a summons may be\nserved in accordance with the provisions of the civil practice act.\n 3. It shall be the duty of the person, association or corporation upon\nwhom such order is so served to notify the department forthwith, in\nwriting, of the receipt of such order, and in the case of an association\nor corporation such notification must be signed and acknowledged by a\nperson or officer duly authorized by such association or corporation to\nadmit service. Within a time specified in the order, every person,\nassociation or corporation upon whom it is served must, if so required\nin the order, notify the department in like manner whether the terms of\nthe order are accepted and will be obeyed.\n 4. Every such order shall take effect at a time therein specified, and\nshall continue in force either for a period to be designated therein or\nuntil changed or abrogated by the commissioner.\n 5. If such hearing is held before a deputy commissioner, a report\nshall be made upon the termination of the hearing to the commissioner,\nwith recommendation as to the determination which should be made as to\nthe issues raised on such hearing. If the commissioner find upon such\nreport or upon a hearing conducted by him, that the rule or order\ncomplained of is reasonable and valid he shall render his decision\nratifying or confirming such rule or order; if he find that such rule or\norder is unreasonable or invalid, he shall revoke or modify it, or\nsubstitute a new rule or order in its place. If such modified or new\nrule or order is substantially different from the rule or order\ncomplained of, the parties affected thereby may bring before the\ncommissioner, by a new petition, in the manner above provided,\nobjections to its reasonableness or validity.\n 6. The decision of the commissioner shall be final, unless within\nthirty days after its issuance one of the parties shall institute a\nproceeding for the review thereof, as provided in section thirty-seven.\n