2012 New York Consolidated Laws
FIS - Financial Services Law
Article 3 - (301 - 310) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
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 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 his or her 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 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.