2006 New York Code - Expenses Of Department; Assessments.

 
    § 17.  Expenses of department; assessments. 1. All expenses, including
  the compensation of officers and employees of the  department,  incurred
  in  and  about  the  conduct  of  the business of the department, except
  expenses incurred in the liquidation of banking organizations, including
  compensation  of  officers  and  employees  engaged  primarily  in  such
  liquidation,  shall be paid out of the state treasury on the certificate
  of the superintendent upon the audit and warrant of the comptroller. The
  state  treasury  shall  be  reimbursed  by  payments  thereto   by   the
  superintendent  of  assessments collected by him in accordance with this
  section.
    2. All general expenses, including in addition to the direct costs  of
  personal  service,  the  cost  of maintenance and operation, the cost of
  retirement contributions made and workers' compensation premiums paid by
  the state for or on account of personnel, rentals for space occupied  in
  state  owned  or state leased buildings and all other direct or indirect
  costs, incurred in connection with the  supervision  of  any  person  or
  entity   licensed,  registered,  or  incorporated  or  otherwise  formed
  pursuant to this chapter shall be charged to and paid by  them  in  such
  proportions  as  the  superintendent shall deem just and reasonable. The
  provisions of this subdivision shall not be applicable to a bank holding
  company, as that term is defined in article three-A of this chapter.
    The superintendent shall require that partial payments of the  charges
  for  expenses  of  each  fiscal year commencing on or after April first,
  nineteen hundred eighty-three shall  be  paid  on  March  tenth  of  the
  preceding  fiscal  year  and on June tenth, September tenth and December
  tenth of the fiscal year, or on such other dates as  the  superintendent
  may  prescribe.  Each  such  payment  shall  be equal to twenty-five per
  centum of the charges, or such other per centum or per  centums  as  the
  superintendent  may  prescribe,  for the fiscal year as estimated by the
  superintendent. The balance of the expenses shall be  charged  and  paid
  upon  the  determination  of  the  actual  amount due. An overpayment of
  charges resulting from the requirements of  this  subdivision  shall  be
  refunded  or  at the option of the assessed shall be applied as a credit
  against the charges for the succeeding fiscal  year.  If  the  estimated
  annual  charge  for  the fiscal year is equal to or less than the annual
  minimum assessment set by the superintendent, no partial payments  shall
  be  required  and  full  payment  shall  be  made on or before September
  thirtieth of the fiscal year.
    3. The expenses incurred in making examinations  of,  or  for  special
  services performed on account of, any bank holding company, as that term
  is  defined  in  article three-A of this chapter, or any other person or
  entity  licensed,  registered,  or  incorporated  or  otherwise   formed
  pursuant  to  this chapter, shall be assessed as provided in subdivision
  two of this section; provided, however, the superintendent,  in  his  or
  her sole discretion, may determine, with respect to expenses incurred in
  the  making  of  any  specific  examination  or  investigation,  or  the
  performing of any special services,  that  any  such  expense  shall  be
  assessed  against  and  paid  by  the  bank holding company or any other
  person or entity licensed,  registered,  or  incorporated  or  otherwise
  formed  pursuant  to  this  chapter  for  which  they  were  incurred or
  performed.
    4. The expenses incurred in making an examination of any affiliate  of
  a banking organization pursuant to subdivision six of section thirty-six
  of  this  chapter,  and  the expenses incurred in making an examination,
  pursuant to subdivision six-a of section thirty-six of this chapter,  of
  a non-banking subsidiary of a corporation or any other entity that is an
  affiliate  of a banking organization, shall be assessed against and paid
  by such  banking  organization  if  the  affiliate  cannot  be  assessed
  pursuant to the provisions of subdivision three of this section.
    5.  Notwithstanding  any  provision  of  this  chapter, for any annual
  license or registration fee which is required to be paid by  any  person
  or  entity  licensed,  registered  or  incorporated  or otherwise formed
  pursuant to  this  chapter,  the  superintendent  may,  in  his  or  her
  discretion,   incorporate  and  collect  such  amount  as  part  of  the
  assessment required to be paid under this section, provided further that
  in doing so the superintendent shall waive any  specific  payment  dates
  established  by  this  chapter  for  the payment of any such annual fees
  which are inconsistent  with  the  payment  dates  required  under  this
  section.
    6.  Notwithstanding the provisions of subdivision two of section three
  hundred seventy-three,  subdivisions  two  and  three  of  section  five
  hundred  ninety-five,  or  any  other  provision  of this chapter to the
  contrary, the superintendent may, in his or her  sole  discretion,  upon
  notice,  suspend  any  license,  registration,  certificate or authority
  granted pursuant to this chapter upon  the  failure  of  any  person  or
  entity   licensed,  registered,  or  incorporated  or  otherwise  formed
  pursuant to this chapter to make any payment as required by this section
  upon the date or dates so designated  by  the  superintendent,  and  the
  superintendent   may   revoke   such  suspended  license,  registration,
  certificate or  authority,  after  notice  and  hearing,  for  continued
  failure  of  such  person  or  entity  to  make such payment, unless the
  superintendent, in his or her sole  discretion,  extends  the  time  for
  making such payment, upon good cause shown.