304 - Hearings; conduct; findings and report.
§ 304. Hearings; conduct; findings and report. (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.