N.Y. Insurance Law § 2405: Hearings and reports on defined violations and determined violations

§ 2405. Hearings and reports on defined violations and determined

violations. (a) Whenever the superintendent has reason to believe that a

person has committed or is committing a defined violation or has been

engaged in or is engaging in any method of competition, or any act or

practice, could become a determined violation and that a proceeding

thereon would be in the interest of the public, the superintendent shall

serve upon the person in the manner provided by section three hundred

four of the financial services law, a statement of the charges and

notice of a hearing to be held at a time not less than ten days after

the date of service of the notice and at the place fixed in the notice.

(b) The person shall have an opportunity at the hearing to be heard

personally or by counsel, and, in the case of a defined violation, to

show cause why an order should not be made by the superintendent

requiring the person to cease and desist from the charged defined

violation. Upon good cause shown, the superintendent shall permit anyone

to intervene, appear and be heard at the hearing personally or by

counsel.

(c) After the hearing, the superintendent shall make a written report

containing the superintendent's findings, and shall serve a copy of the

report upon the person and any intervenor.