Section 36. Orders and service thereof  


Latest version.
  • 1. If it be ascertained after an
      investigation or hearing conducted as herein provided, that any  person,
      association  or  corporation has failed to comply with or is guilty of a
      violation of the provisions  of  this  chapter  or  of  a  rule  of  the
      department,  or  of  any  other  general  or special law relative to any
      matter within the jurisdiction of the department, an order may  be  made
      by  the  commissioner,  under  the  seal of the department, compelling a
      compliance with such law or rule.
        2. Every such order shall be served upon every person, association  or
      corporation affected thereby, either by personal delivery of a certified
      copy  thereof,  or  by  mailing  a  certified  copy thereof with postage
      prepaid to the person affected thereby, or in case of a  corporation  or
      association,  to an officer or agent thereof, upon whom a summons may be
      served in accordance with the provisions of the civil practice act.
        3. It shall be the duty of the person, association or corporation upon
      whom such order is so served to  notify  the  department  forthwith,  in
      writing, of the receipt of such order, and in the case of an association
      or  corporation  such  notification must be signed and acknowledged by a
      person or officer duly authorized by such association or corporation  to
      admit  service.  Within  a  time  specified  in the order, every person,
      association or corporation upon whom it is served must, if  so  required
      in  the order, notify the department in like manner whether the terms of
      the order are accepted and will be obeyed.
        4. Every such order shall take effect at a time therein specified, and
      shall continue in force either for a period to be designated therein  or
      until changed or abrogated by the commissioner.
        5.  If  such  hearing  is  held before a deputy commissioner, a report
      shall be made upon the termination of the hearing to  the  commissioner,
      with  recommendation  as to the determination which should be made as to
      the issues raised on such hearing. If the commissioner  find  upon  such
      report  or  upon  a  hearing  conducted  by  him, that the rule or order
      complained of is reasonable and  valid  he  shall  render  his  decision
      ratifying or confirming such rule or order; if he find that such rule or
      order  is  unreasonable  or  invalid,  he  shall revoke or modify it, or
      substitute a new rule or order in its place. If  such  modified  or  new
      rule  or  order  is  substantially  different  from  the  rule  or order
      complained of,  the  parties  affected  thereby  may  bring  before  the
      commissioner,   by  a  new  petition,  in  the  manner  above  provided,
      objections to its reasonableness or validity.
        6. The decision of the commissioner  shall  be  final,  unless  within
      thirty  days  after  its  issuance  one of the parties shall institute a
      proceeding for the review thereof, as provided in section thirty-seven.