313 - Expenses of examination. - New York Statutes

§ 313. Expenses of examination. (a) The expenses of every examination of the affairs of any insurer or other person or organization, including an appraisal of its real property or of any real property on which it holds a mortgage, made pursuant to the authority conferred by any provision of this chapter, shall be borne and paid by the insurer or other person or organization so examined, but the superintendent, with the approval of the comptroller, may in his discretion for good cause shown remit such charges. (b) (1) For any such examination by the superintendent or a deputy superintendent personally, the charge made shall be only for necessary traveling expenses and other actual expenses. In all other cases the expenses of examination shall also include reimbursement for the compensation paid for the services of persons employed by the superintendent or by his authority to make such examination or appraisal. (2) Notwithstanding any provisions of this section to the contrary, in case of an examination or appraisal of a domestic insurer made within this state, the traveling and living expense of the person or persons making the examination shall be considered a cost of operation, as referred to in section three hundred thirty-two of this article and not an expense of examination. (3) All charges, including necessary traveling and other actual expenses, except as hereinabove provided, as audited by the comptroller and paid on his warrant in the usual manner by the comptroller to the person or persons making the examination or appraisal, shall be presented to the insurer, or other person whose duty it is to pay the same, in the form of a copy of the itemized bill therefor as certified and approved by the superintendent or by any deputy superintendent or authorized employee of the insurance department. Upon receiving such certified copy the insurer or other person or organization whose duty it is to pay such charges shall pay the amount thereof to the superintendent, to be paid by him into the state treasury.