Section 303. Notice; how given  


Latest version.
  • (a) (1) Whenever the provisions of this
      chapter require the superintendent to give notice to any person  of  any
      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 pursuant
      to which the 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 notice of proposed action may specify a
      date on which such action will be taken 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 above.
        (b) Whenever the provisions of this chapter 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.
        (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 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  insurance
      department,  subscribed  and affirmed by him 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.