§ 304 — Notice; how given

§ 304. Notice; how given. (a) (1) Except when other notice is required\nby law, whenever the provisions of this chapter, the insurance law, the\nbanking law or any other applicable law require the superintendent to\ngive notice to any person of any authorized action or proposed action,\nit shall be sufficient to give such notice in writing either by\ndelivering it to such person or by depositing the same in the United\nStates mail, postage prepaid, registered or certified, and addressed to\nthe last known place of business of such person or if no such address is\nknown to the superintendent, then to the residence address of such\nperson.\n (2) Such notice shall refer to the provisions of this chapter, the\ninsurance law, the banking law or any other applicable law pursuant to\nwhich the authorized action was taken or is proposed to be taken and the\ngrounds therefor, but failure to make such reference shall not render\nthe notice ineffective if the person to whom it is addressed is thereby\nor otherwise reasonably apprised of such grounds.\n (3) If the person being notified is entitled to a hearing by the\nprovisions of this chapter, the banking law, the insurance law or any\nother law, the notice of proposed action may specify that such proposed\naction may be considered, or when authorized, taken on a date specified\nin the notice unless such person shall notify the superintendent in\nwriting that a hearing is demanded; in such case the superintendent\nshall give such person a further notice of the time and place of such\nhearing in the manner stated in this paragraph, and to the address\nspecified by such person if provided.\n (b) Whenever the provisions of this chapter, the insurance law, the\nbanking law, or any other law require the superintendent to give to any\nperson a hearing on any proposed action, it shall be sufficient\ncompliance with such requirement if the superintendent gives to such\nperson:\n (1) notice of the time and the place at which an opportunity for\nhearing will be afforded, and\n (2) an opportunity for hearing, if the person appears at the time and\nplace specified in the notice or any adjourned date.\n (c) Any hearing of which such notice is given may be adjourned from\ntime to time without other notice than the announcement thereof at such\nhearing.\n (d) Whenever any person is entitled to a hearing by the provisions of\nthis chapter, the insurance law, the banking law, or any other law\nbefore any proposed action is taken, the notice of such proposed action\nmay, if the superintendent deems it expedient, be in the form of a\nnotice to show cause stating that such proposed action may be taken\nunless such person shows cause at a hearing to be held at a time and\nplace specified in such notice, why such proposed action should not be\ntaken.\n (e) The statement of any regular salaried employee of the department\nof financial services, subscribed and affirmed by such employee as true\nunder the penalties of perjury, stating facts which show that any notice\nreferred to in this section has been delivered or mailed as hereinbefore\nprovided, shall be presumptive evidence that such notice has been duly\ndelivered or mailed, as the case may be.\n