§ 305 — Hearings; conduct; findings and report

§ 305. Hearings; conduct; findings and report. (a) Unless otherwise\nprovided in this chapter, the banking law, the insurance law or any\nother law, any hearing pursuant to any such law may be held before the\nsuperintendent, any deputy superintendent, or any designated salaried\nemployee of the department authorized by the superintendent for such\npurpose. Any adjudicatory proceeding, including any hearings to assess\ncivil penalties under section four hundred eight or four hundred eight-a\nof this chapter, held pursuant to the provisions of this chapter, the\ninsurance law or the banking law shall be noticed, conducted and\nadministered in compliance with the state administrative procedure act.\n (b) The person conducting such hearing shall have power to administer\noaths, examine and cross-examine witnesses and receive documentary\nevidence, and shall report such person's findings, orally or in writing,\nto the superintendent with or without recommendation. Such report, if\nadopted by the superintendent may be the basis of any determination made\nby the superintendent. One hundred twenty days after the effective date\nof a determination of liability for a civil penalty pursuant to section\nfour hundred eight or four hundred eight-a of this chapter or four\nhundred three, one thousand one hundred two, two thousand one hundred\ntwo, two thousand one hundred seventeen, two thousand one hundred\nthirty-three or seven thousand eight hundred sixteen of the insurance\nlaw, such determination of liability for a civil penalty may be entered\nas a judgment and enforced, without court proceedings, in the same\nmanner as the enforcement of a money judgment in civil actions in any\ncourt of competent jurisdiction or any other place provided for the\nentry of civil judgment within this state.\n (c) Every such hearing, except for hearings under the banking law,\nshall be open to the public unless the superintendent or the person\nauthorized by the superintendent to conduct such hearing, shall\ndetermine that a private hearing would be in the public interest, in\nwhich case the hearing shall be private. Hearings under the banking law\nshall be as provided for in the banking law.\n (d) Every person affected shall be allowed to be present during the\ngiving of all the testimony, and shall be allowed a reasonable\nopportunity to inspect all adverse documentary proof, to examine and\ncross-examine witnesses, and to present proof in support of the person's\ninterest.\n (e) Nothing herein contained shall require the observance at any such\nhearing of formal rules of pleading or evidence.\n