N.Y. Financial Services Law § 304: Notice; how given

§ 304. Notice; how given. (a) (1) Except when other notice is required

by law, whenever the provisions of this chapter, the insurance law, the

banking law or any other applicable law require the superintendent to

give notice to any person of any authorized action or proposed action,

it shall be sufficient to give such notice in writing either by

delivering it to such person or by depositing the same in the United

States mail, postage prepaid, registered or certified, and addressed to

the last known place of business of such person or if no such address is

known to the superintendent, then to the residence address of such

person.

(2) Such notice shall refer to the provisions of this chapter, the

insurance law, the banking law or any other applicable law pursuant to

which the authorized action was taken or is proposed to be taken and the

grounds therefor, but failure to make such reference shall not render

the notice ineffective if the person to whom it is addressed is thereby

or otherwise reasonably apprised of such grounds.

(3) If the person being notified is entitled to a hearing by the

provisions of this chapter, the banking law, the insurance law or any

other law, the notice of proposed action may specify that such proposed

action may be considered, or when authorized, taken on a date specified

in the notice unless such person shall notify the superintendent in

writing that a hearing is demanded; in such case the superintendent

shall give such person a further notice of the time and place of such

hearing in the manner stated in this paragraph, and to the address

specified by such person if provided.

(b) Whenever the provisions of this chapter, the insurance law, the

banking law, or any other law require the superintendent to give to any

person a hearing on any proposed action, it shall be sufficient

compliance with such requirement if the superintendent gives to such

person:

(1) notice of the time and the place at which an opportunity for

hearing will be afforded, and

(2) an opportunity for hearing, if the person appears at the time and

place specified in the notice or any adjourned date.

(c) Any hearing of which such notice is given may be adjourned from

time to time without other notice than the announcement thereof at such

hearing.

(d) Whenever any person is entitled to a hearing by the provisions of

this chapter, the insurance law, the banking law, or any other law

before any proposed action is taken, the notice of such proposed action

may, if the superintendent deems it expedient, be in the form of a

notice to show cause stating that such proposed action may be taken

unless such person shows cause at a hearing to be held at a time and

place specified in such notice, why such proposed action should not be

taken.

(e) The statement of any regular salaried employee of the department

of financial services, subscribed and affirmed by such employee as true

under the penalties of perjury, stating facts which show that any notice

referred to in this section has been delivered or mailed as hereinbefore

provided, shall be presumptive evidence that such notice has been duly

delivered or mailed, as the case may be.