N.Y. Comp. Codes R. & Regs. tit. 23 § 101.6

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

Section 101.6 - Special Assessments

(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.

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