N.Y. Comp. Codes R. & Regs. tit. 13 § 201.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201.4 - Service of notice of hearing, orders and other communications

(a) The notice of hearing from the Attorney General shall be duly served if enclosed in a properly postpaid wrapper, addressed to the applicant at the address last given in the franchise prospectus registration application facing page filed by him with the Attorney General, as ordinary mail or if such notice addressed to such person is delivered to such address by an employee or agent of the Attorney General. An affidavit by an employee or agent of the Department of Law that such notice has in the regular course of business of the Department of Law been duly dispatched or delivered, in a manner authorized by this section, shall be presumptive evidence of proper service. For the purpose of calculating time of notice, service shall be deemed effective upon the date of delivery to such address. The notice of hearing shall be served upon the registrant at least 10 days prior to the date of the hearing.

(b) Notices, orders and communications from the Attorney General, other than the notice of hearing, shall be duly served if enclosed in a properly postpaid wrapper addressed to the applicant to be notified or communicated with, at the address last given in the franchise prospectus registration application facing page filed with the Attorney General, and deposited, as ordinary mail, in a post office, post office box or mail chute maintained by the United States Government, or if delivered as provided in subdivision (a) of this section. An affidavit by an employee or agent of the Department of Law that such notice, order or communication has, in the regular course of the business of the Department of Law, been duly dispatched or delivered, in a manner authorized by this section, shall be presumptive evidence of proper service. For the purpose of calculating the time of notice, service shall be considered effected upon the date of delivery to such address, provided that, where service is by ordinary mail, service shall be considered effected three days after mailing.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 201.4