N.Y. Workers' Compensation Law § 109-a: Administration of fund

§ 109-a. Administration of fund. The superintendent of financial

services may adopt, amend and enforce all reasonable rules and

regulations necessary for the proper administration of said fund. In the

event any carrier shall fail to file any return or make any payment

required by this article, or in case the superintendent of financial

services shall have cause to believe that any return or other statement

filed is false or inaccurate in any particular, or that any payment made

is incorrect, the superintendent shall have full authority to examine

all the books and records of the carrier for the purpose of ascertaining

the facts and shall determine the correct amount to be paid and may

proceed in any court of competent jurisdiction to recover for the

benefit of the fund any sums shown to be due upon such examination and

determination. Any carrier which fails to make any statement as required

by this article, or to pay any contribution to the fund when due, shall

thereby forfeit to said fund a penalty of five per centum of the amount

of unpaid contribution determined to be due as provided by this article

plus one per centum of such amount for each month of delay, or fraction

thereof, after the expiration of the first month of such delay but the

superintendent, if satisfied that the delay was excusable, may remit all

or any part of such penalty. The superintendent, in his discretion, may

revoke the certificate of authority to do business in this state of any

foreign carrier which shall fail to comply with this article or to pay

any penalty imposed in accordance with this article.