(a)
When the Superintendent shall determine that the expenses associated with a
specific examination, investigation or review are best allocated solely to the
individual institution or institutions subject to such examination or
investigation, rather than to an
Industry Group generally or any subgroup
thereof, such expenses shall be billed separately as provided for in this
subdivision. The time of each person associated with such examination or
investigation shall be multiplied by the average costs of the examiners and
specialists at their respective grade levels assigned to such examination or
investigation, plus expenses for travel outside of New York, and the resulting
amount shall be assessed separately to each such institution subject to such
examination or investigation in such amounts as the Superintendent shall deem
appropriate. Alternatively, if another entity or person is selected to perform
an examination, investigation or review of an individual institution or
institutions, the expenses associated with such examination, investigation and
review shall be the amount of the contract for such services and such portion
of the Department's administrative expenses associated with such contract as
the Superintendent shall deem appropriate. The resulting amount shall be
assessed separately to each such institution subject to such examination,
investigation or investigation in such amounts as the Superintendent shall deem
appropriate.
Such special assessments shall be billed within one hundred
and eighty days after the calendar quarter within which such expenses were
incurred. Such amounts shall be paid within thirty days of the date of such
billing.
In making a determination to make a special assessment and
to allocate such assessment between one or more institutions, the
Superintendent shall include such factors as she or he shall deem appropriate,
including, but not limited to: the significance of the examination to the
conduct of business by a given Industry Group or institutions; the potential
seriousness of any violations of law or regulation identified by, or under
review in, such examination or investigation; the likelihood that such
violations are common within an Industry Group; and the extent to which an
institution attempted to cover up or failed to disclose the existence of such
violations.
(b) The
Superintendent may exempt any not-for-profit entity licensed by the Department
from any assessments otherwise applicable to such entity when the
Superintendent determines the public benefit warrants such exemption.
Notes
N.Y. Comp.
Codes R. & Regs. Tit. 23
§
101.6
Adopted
New
York State Register February 12, 2020/Volume XLII, Issue 06, eff.
2/12/2020