New York Codes, Rules and Regulations
Title 23 - FINANCIAL SERVICES
Chapter I - Regulations of the Superintendent of Financial Services
Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services
Section 2.3 - Notice of adjudicatory proceeding and answer

Current through Register Vol. 45, No. 52, December 27, 2023

(a) Unless otherwise provided in the Banking Law, Insurance Law, or any other applicable law, an adjudicatory proceeding shall be commenced by service of a notice of action or proposed action as provided in Financial Services Law section 304. U nless otherwise provided in the Banking Law, Insurance Law, or any other applicable law, such notice shall be served on each party at least ten (10) days prior to the return date.

(b) Such notice shall contain the information set forth in State Administrative Procedures Act sections 301.2 and Financial Services Law section 304.

(c) Such notice may be amended or supplemented:

(1) prior to the commencement of the hearing, on at least ten (10) days written notice; or

(2) after commencement of the hearing, as authorized by the hearing officer.

(d) A party may file a written answer to the notice of action or proposed action with the Department attorney who issued the notice thereof at least two (2) days prior to the return date.

Adopted New York State Register March 25, 2020/Volume XLII, Issue 12, eff. 3/25/2020

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