2013 New York Consolidated Laws
ISC - Insurance
Article 3 - (301 - 341) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
311 - Filing of report on examination.

 
    §  311.  Filing  of  report  on examination. (a) Except as hereinafter
  provided the superintendent may withhold from public inspection for such
  time as he deems proper any  report  on  examination  made  pursuant  to
  section three hundred ten of this article.
    (b)  (1)  Before  adopting  any  such  report and filing it for public
  inspection, the superintendent shall notify the insurer or other  person
  examined of its contents and shall afford such insurer or other person a
  reasonable opportunity to obtain further details and to demand a hearing
  with   reference   to  facts,  conclusions  or  recommendations  therein
  contained.
    (2) If a hearing is requested within ten days after the giving of such
  notice, the superintendent shall give notice and a hearing in accordance
  with the provisions of this article. Such hearing shall be  held  before
  the superintendent or a deputy superintendent.
    (c)  The  report  on  examination, with modifications thereof, if any,
  shall be accepted by the superintendent and filed for public  inspection
  within  six months after final hearing thereon and if he deems it in the
  public interest to do so, he may publish any such report or any  excerpt
  therefrom or summary thereof, in one or more newspapers in the state.
    (d)  In any action or proceeding in the name of the people against the
  insurer or other person examined, or any officer or agent thereof,  such
  report,   if   adopted  by  the  superintendent  and  filed  for  public
  inspection, shall be admissible in evidence  and  shall  be  presumptive
  evidence of the facts stated therein.
    (e)  Nothing  herein  contained shall preclude the superintendent from
  instituting any proceeding under article seventy-four of this chapter at
  any time or from using  as  proof  in  such  proceeding  any  report  on
  examination or part thereof, whether or not such report has been adopted
  and filed.