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.