N.Y. Banking Law § 596: Superintendent authorized to examine; expenses

§ 596. Superintendent authorized to examine; expenses. For the purpose

of discovering violations of this article or securing information

lawfully required by him hereunder, the superintendent may at any time,

and as often as he or she may determine, either personally or by a

person duly designated by him, investigate the business and examine the

books, accounts, records, and files used therein of every licensee,

servicer and registrant. For that purpose the superintendent and his or

her duly designated representative shall have free access to the offices

and places of business, books, accounts, papers, records, files, safes

and vaults of all such licensees, servicers and registrants. The

superintendent and any person duly designated by him or her shall have

authority to require the attendance of and to examine under oath all

persons whose testimony he or she may require relative to such business.

The expenses incurred in making any examination pursuant to this section

shall be assessed against and paid by the licensee, servicer or

registrant so examined, except that traveling and subsistence expenses

so incurred shall be charged against and paid by licensees, servicers or

registrants in such proportions as the superintendent shall deem just

and reasonable, and such proportionate charges shall be added to the

assessment of the other expenses incurred upon each examination. Upon

written notice by the superintendent of the total amount of such

assessment, the licensee, servicer or registrant shall become liable for

and shall pay such assessment to the superintendent.

In any hearing in which the bank examiner acting under authority of

this chapter is available for cross-examination, any official written

report, worksheet, other related papers, or duly certified copy thereof,

compiled, prepared, drafted, or otherwise made by said bank examiner,

after being duly authenticated by said examiner, may be admitted as

competent evidence upon the oath of said examiner that said worksheet,

investigative report, or other related documents were prepared as a

result of an examination of the books and records of a licensee,

servicer or registrant or other person, conducted pursuant to the

authority of this chapter.