2023 New York Laws › FIS - Financial Services Law › Article 3 - Administrative and Procedural Provisions › 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.