Section 304. Hearings; conduct; findings and report  


Latest version.
  • (a) Unless otherwise
      provided in this chapter, any hearing pursuant to this  chapter  may  be
      held  before  the  superintendent,  any  deputy  superintendent,  or any
      designated  salaried  employee  of  the  department  authorized  by  the
      superintendent for such purpose.
        (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 findings, orally or in writing, to the
      superintendent with or without recommendation.  Such report, if  adopted
      by  the  superintendent  or  by  his  authority  may be the basis of any
      determination made by  the  superintendent  or  by  his  authority.  One
      hundred  twenty  days  after  the  effective  date of a determination of
      liability for a civil penalty pursuant to section  four  hundred  three,
      two thousand one hundred two or two thousand one hundred thirty-three of
      this chapter, 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 the state of New York.
        (c) Every such  hearing  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.
        (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  his
      interest.
        (e) Nothing herein contained shall require the observance at any  such
      hearing of formal rules of pleading or evidence.