Section 313. Expenses of examination  


Latest version.
  • (a) The expenses of every examination
      of the affairs of any insurer or other person or organization, including
      an appraisal of its real property or of any real property  on  which  it
      holds  a  mortgage,  made  pursuant  to  the  authority conferred by any
      provision of this chapter, shall be borne and paid  by  the  insurer  or
      other  person  or organization so examined, but the superintendent, with
      the approval of the comptroller, may in his discretion  for  good  cause
      shown remit such charges.
        (b)  (1)  For  any  such examination by the superintendent or a deputy
      superintendent personally, the charge made shall be only  for  necessary
      traveling  expenses  and  other  actual expenses. In all other cases the
      expenses  of  examination  shall  also  include  reimbursement  for  the
      compensation   paid   for  the  services  of  persons  employed  by  the
      superintendent  or  by  his  authority  to  make  such  examination   or
      appraisal.
        (2) Notwithstanding any provisions of this section to the contrary, in
      case  of  an  examination or appraisal of a domestic insurer made within
      this state, the traveling and living expense of the  person  or  persons
      making  the  examination  shall  be  considered  a cost of operation, as
      referred to in section three hundred thirty-two of this article and  not
      an expense of examination.
        (3)  All  charges,  including  necessary  traveling  and  other actual
      expenses, except as hereinabove provided, as audited by the  comptroller
      and  paid  on  his warrant in the usual manner by the comptroller to the
      person  or  persons  making  the  examination  or  appraisal,  shall  be
      presented  to  the  insurer, or other person whose duty it is to pay the
      same, in the form of a copy of the itemized bill therefor  as  certified
      and  approved  by  the superintendent or by any deputy superintendent or
      authorized employee of the insurance  department.  Upon  receiving  such
      certified copy the insurer or other person or organization whose duty it
      is   to   pay   such  charges  shall  pay  the  amount  thereof  to  the
      superintendent, to be paid by him into the state treasury.