N.Y. Financial Services Law § 305: Hearings; conduct; findings and report

§ 305. Hearings; conduct; findings and report. (a) Unless otherwise

provided in this chapter, the banking law, the insurance law or any

other law, any hearing pursuant to any such law may be held before the

superintendent, any deputy superintendent, or any designated salaried

employee of the department authorized by the superintendent for such

purpose. Any adjudicatory proceeding, including any hearings to assess

civil penalties under section four hundred eight or four hundred eight-a

of this chapter, held pursuant to the provisions of this chapter, the

insurance law or the banking law shall be noticed, conducted and

administered in compliance with the state administrative procedure act.

(b) The person conducting such hearing shall have power to administer

oaths, examine and cross-examine witnesses and receive documentary

evidence, and shall report such person's findings, orally or in writing,

to the superintendent with or without recommendation. Such report, if

adopted by the superintendent may be the basis of any determination made

by the superintendent. One hundred twenty days after the effective date

of a determination of liability for a civil penalty pursuant to section

four hundred eight or four hundred eight-a of this chapter or four

hundred three, one thousand one hundred two, two thousand one hundred

two, two thousand one hundred seventeen, two thousand one hundred

thirty-three or seven thousand eight hundred sixteen of the insurance

law, such determination of liability for a civil penalty may be entered

as a judgment and enforced, without court proceedings, in the same

manner as the enforcement of a money judgment in civil actions in any

court of competent jurisdiction or any other place provided for the

entry of civil judgment within this state.

(c) Every such hearing, except for hearings under the banking law,

shall be open to the public unless the superintendent or the person

authorized by the superintendent to conduct such hearing, shall

determine that a private hearing would be in the public interest, in

which case the hearing shall be private. Hearings under the banking law

shall be as provided for in the banking law.

(d) Every person affected shall be allowed to be present during the

giving of all the testimony, and shall be allowed a reasonable

opportunity to inspect all adverse documentary proof, to examine and

cross-examine witnesses, and to present proof in support of the person's

interest.

(e) Nothing herein contained shall require the observance at any such

hearing of formal rules of pleading or evidence.