Mass. Gen. Laws ch. 167, sec. 2C — MA Code / Part I / Title XXII / Chapter 167 / Section 2C
Proceedings regarding unfair practices; notice; hearing
Status: in_force

Section 2C. Whenever the commissioner shall have reason to believe that any such bank has engaged or is engaging in this commonwealth in any such unfair method of competition or unfair or deceptive act or practice and that a proceeding by him in respect thereto would be in the interest of the public, he shall issue and serve upon such bank a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall be not less than twenty-one days after the date of the service thereof. At the time and place fixed for such hearing, such bank shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring such bank to cease and desist from the acts, methods or practices so complained of. The commissioner, upon such hearing, may administer oaths, examine and cross examine witnesses, receive oral and documentary evidence, and shall have the power to summons witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents which he deems relevant to the inquiry. The commissioner upon such hearing shall cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. In the case of a refusal by any bank to comply with any summons issued hereunder or to testify with respect to any matter relative to the subject matter of such hearing, the superior court of Suffolk county or the county in which the principal office of the bank is located, upon application of the commissioner, may issue an order requiring such bank to comply with such summons and to so testify. Any failure to obey any such order of the court may be punished by the court as contempt thereof. Statements of charges, notices, orders and other processes of the commissioner under this section may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions, or by registering and mailing a copy thereof to the bank affected by such statement, notice, order or other process at its principal office. The verified return by the person so serving such statement, notice, order or other process, setting forth the manner of such service, shall be proof of the same, and the return postcard receipt for such statement, notice, order or other process, registered and mailed as aforesaid, shall be proof of the service of the same.

Section 2C. Whenever the commissioner shall have reason to believe that any such bank has engaged or is engaging in this commonwealth in any such unfair method of competition or unfair or deceptive act or practice and that a proceeding by him in respect thereto would be in the interest of the public, he shall issue and serve upon such bank a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall be not less than twenty-one days after the date of the service thereof.

At the time and place fixed for such hearing, such bank shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring such bank to cease and desist from the acts, methods or practices so complained of.

The commissioner, upon such hearing, may administer oaths, examine and cross examine witnesses, receive oral and documentary evidence, and shall have the power to summons witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents which he deems relevant to the inquiry. The commissioner upon such hearing shall cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. In the case of a refusal by any bank to comply with any summons issued hereunder or to testify with respect to any matter relative to the subject matter of such hearing, the superior court of Suffolk county or the county in which the principal office of the bank is located, upon application of the commissioner, may issue an order requiring such bank to comply with such summons and to so testify. Any failure to obey any such order of the court may be punished by the court as contempt thereof.

Statements of charges, notices, orders and other processes of the commissioner under this section may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions, or by registering and mailing a copy thereof to the bank affected by such statement, notice, order or other process at its principal office. The verified return by the person so serving such statement, notice, order or other process, setting forth the manner of such service, shall be proof of the same, and the return postcard receipt for such statement, notice, order or other process, registered and mailed as aforesaid, shall be proof of the service of the same.