N.Y. Transportation Law § 126: Uniform system of accounts; access to accounts; forfeitures

§ 126. Uniform system of accounts; access to accounts; forfeitures.

The commissioner may, whenever he deems advisable, establish a system of

accounts to be used by common carriers which are subject to his

supervision, or may classify the said carriers and prescribe a system of

accounts for each class, and may prescribe the manner in which such

accounts shall be kept. He may also in his discretion prescribe the

forms of accounts, records and memoranda to be kept by such carriers,

including the accounts, records and memoranda of the movement of traffic

as well as the receipts and expenditures of moneys. Notice of

alterations by the commissioner in the required method or form of

keeping a system of accounts shall be given to such persons or carriers

by the commissioner at least six months before the same are to take

effect. The system of accounts established by the commissioner and the

forms of accounts, records and memoranda prescribed by him as provided

above shall conform in the case of railroad companies as nearly as may

be to those from time to time established and prescribed by the United

States department of transportation under the provisions of the act of

congress entitled "An act to regulate commerce" approved February

fourth, eighteen hundred eighty-seven, and the acts amendatory thereof

or supplementary thereto. The commissioner shall at all times have

access to all accounts, records and memoranda kept by common carriers

and may designate any officers or employees of the department who shall

thereupon have authority under the order of the commissioner to inspect

and examine any and all accounts, records and memoranda kept by such

carriers. The commissioner may, after hearing, prescribe by order the

accounts in which particular outlays and receipts shall be entered,

charged or credited. At any such hearing the burden of proof shall be on

the common carrier to establish the correctness of the accounts in which

such outlays and receipts have been entered, and the commissioner may

suspend a charge or credit pending submission of proof by such carrier.

Where the commissioner has prescribed the forms of accounts, records and

memoranda to be kept by such carriers it shall be unlawful for them to

keep any other accounts, records or memoranda than those so prescribed,

or those prescribed by or under authority of the United States.