2019 New York Laws
ISC - Insurance
Article 44 - Employee Welfare Funds
4405 - Examinations; Conduct.

§ 4405. Examinations; conduct. (a) Whenever, pursuant to this article,
the  superintendent  shall  determine  to  examine  the  affairs  of any
employee welfare fund he shall make an order indicating the scope of the
examination and may appoint as examiners one or more  competent  persons
not  employed by the trustees of such fund or interested in such fund. A
copy of such order shall, upon demand and before the examination begins,
be exhibited to the trustees of such fund.
  (b)  Any  examiner  authorized  by  the  superintendent   shall   have
convenient  access at all reasonable hours to the books, records, files,
assets, securities, and other documents of such fund, including those of
any affiliated or subsidiary fund thereof, which  are  relevant  to  the
examination,  and  shall  have  power to administer oaths and to examine
under oath the trustees of such fund  and  their  officers,  agents  and
employees and any other persons having custody or control of such books,
records,  files,  assets,  securities  or other documents, regarding any
matter relevant to the examination.
  (c) The examiner in charge of such examination shall make a report  of
every examination made by him, verified under oath, which shall comprise
only  facts  appearing upon the books, records or other documents of the
trustees of such fund or as ascertained from the sworn testimony of  its
trustees,  or  their  officers,  agents  or  employees, or other persons
examined   concerning   its   affairs,   and   such   conclusions    and
recommendations as may reasonably be warranted from such facts.
  (d)  The  superintendent  may appoint one or more competent persons as
appraisers  to  appraise  any  interest  in  real  property  which   may
constitute  assets  of any such fund. The report of such appraiser shall
be a supplement to the report of the examiner in charge.