§ 2405 — Hearings and reports on defined violations and determined violations

§ 2405. Hearings and reports on defined violations and determined\nviolations. (a) Whenever the superintendent has reason to believe that a\nperson has committed or is committing a defined violation or has been\nengaged in or is engaging in any method of competition, or any act or\npractice, could become a determined violation and that a proceeding\nthereon would be in the interest of the public, the superintendent shall\nserve upon the person in the manner provided by section three hundred\nfour of the financial services law, a statement of the charges and\nnotice of a hearing to be held at a time not less than ten days after\nthe date of service of the notice and at the place fixed in the notice.\n (b) The person shall have an opportunity at the hearing to be heard\npersonally or by counsel, and, in the case of a defined violation, to\nshow cause why an order should not be made by the superintendent\nrequiring the person to cease and desist from the charged defined\nviolation. Upon good cause shown, the superintendent shall permit anyone\nto intervene, appear and be heard at the hearing personally or by\ncounsel.\n (c) After the hearing, the superintendent shall make a written report\ncontaining the superintendent's findings, and shall serve a copy of the\nreport upon the person and any intervenor.\n