303 - Notice; how given.

§  303.  Notice;  how  given.  (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.