N.Y. Financial Services Law § 305

§ 305. Hearings; conduct; findings and report. (a) Unless otherwise\nprovided in this chapter, the banking law, the insurance law or any\nother law, any hearing pursuant to any such law may be held before the\nsuperintendent, any deputy superintendent, or any designated salaried\nemployee of the department authorized by the superintendent for such\npurpose. Any adjudicatory proceeding, including any hearings to assess\ncivil penalties under section four hundred eight of this chapter, held\npursuant to the provisions of this chapter, the insurance law or the\nbanking law shall be noticed, conducted and administered in compliance\nwith the state administrative procedure act.\n (b) The person conducting such hearing shall have power to administer\noaths, examine and cross-examine witnesses and receive documentary\nevidence, and shall report his or her findings, orally or in writing, to\nthe superintendent with or without recommendation. Such report, if\nadopted by the superintendent may be the basis of any determination made\nby the superintendent. One hundred twenty days after the effective date\nof a determination of liability for a civil penalty pursuant to section\nfour hundred eight of this chapter or four hundred three, one thousand\none hundred two, two thousand one hundred two, two thousand one hundred\nseventeen, two thousand one hundred thirty-three or seven thousand eight\nhundred sixteen of the insurance law, such determination of liability\nfor a civil penalty may be entered as a judgment and enforced, without\ncourt proceedings, in the same manner as the enforcement of a money\njudgment in civil actions in any court of competent jurisdiction or any\nother place provided for the entry of civil judgment within this state.\n (c) Every such hearing, except for hearings under the banking law,\nshall be open to the public unless the superintendent or the person\nauthorized by the superintendent to conduct such hearing, shall\ndetermine that a private hearing would be in the public interest, in\nwhich case the hearing shall be private. Hearings under the banking law\nshall be as provided for in the banking law.\n (d) Every person affected shall be allowed to be present during the\ngiving of all the testimony, and shall be allowed a reasonable\nopportunity to inspect all adverse documentary proof, to examine and\ncross-examine witnesses, and to present proof in support of the person's\ninterest.\n (e) Nothing herein contained shall require the observance at any such\nhearing of formal rules of pleading or evidence.\n