N.Y. Insurance Law § 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.