Service of Notice.

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§ 33. Service of notice. 1. Notwithstanding any other law, rule, or regulation, whenever the commissioner or board or any person affected by the provisions of this chapter is required to give notice in writing to any person, such notice may be given by mailing it in a letter addressed to the last known place of business of such person, by delivering it to the person personally, or by electronic communication with the consent of the person in accordance with subdivision two of this section. Notice to a partnership may be given to any of the partners, notice to a corporation may be given to any officer or agent thereof, and notice to a limited liability company may be given to any member or agent thereof, upon whom a summons may be served as provided by the civil practice law and rules, or by electronic communication with the consent of the entity in accordance with subdivision two of this section. Consent for any entity may be provided by a partner, officer, agent, member, owner, or other similar individual. Whenever an order or demand of the department is required to be served it shall be served in the manner hereinbefore provided for the service of a notice, by delivering it to any person of suitable age and discretion in charge of the premises affected by such order or demand, or by electronic communication with the consent of the person in accordance with subdivision two of this section, or if no person is found in charge by affixing a copy thereof conspicuously upon the premises.

2. For the purposes of this section, a person or entity shall be deemed to have consented to electronic communication if, having been advised conspicuously that enrollment or registration is voluntary and that they may continue to receive notices by mail or personal service as provided in this section, they instead affirmatively choose to receive notices by electronic communications only.



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