17 - Expenses of department; assessments.

§ 17.  Expenses of department; assessments. 1. All expenses, including  the compensation of officers and employees of the  department,  incurred  in  and  about  the  conduct  of  the business of the department, except  expenses incurred in the liquidation of banking organizations, including  compensation  of  officers  and  employees  engaged  primarily  in  such  liquidation,  shall be paid out of the state treasury on the certificate  of the superintendent upon the audit and warrant of the comptroller. The  state  treasury  shall  be  reimbursed  by  payments  thereto   by   the  superintendent  of  fees  and  assessments  collected  by  him or her in  accordance with this section.    2. All general expenses, including in addition to the direct costs  of  personal  service,  the  cost  of maintenance and operation, the cost of  retirement contributions made and workers' compensation premiums paid by  the state for or on account of personnel, rentals for space occupied  in  state  owned  or state leased buildings and all other direct or indirect  costs, incurred in connection with the  supervision  of  any  person  or  entity   licensed,  registered,  or  incorporated  or  otherwise  formed  pursuant to this chapter shall be charged to and paid by  them  in  such  proportions  as  the  superintendent shall deem just and reasonable. The  provisions of this subdivision shall not be applicable to a bank holding  company, as that term is defined in article three-A of this chapter.    The superintendent shall require that partial payments of the  charges  for  expenses  of  each  fiscal year commencing on or after April first,  nineteen hundred eighty-three shall  be  paid  on  March  tenth  of  the  preceding  fiscal  year  and on June tenth, September tenth and December  tenth of the fiscal year, or on such other dates as  the  superintendent  may  prescribe.  Each  such  payment  shall  be equal to twenty-five per  centum of the charges, or such other per centum or per  centums  as  the  superintendent  may  prescribe,  for the fiscal year as estimated by the  superintendent. The balance of the expenses shall be  charged  and  paid  upon  the  determination  of  the  actual  amount due. An overpayment of  charges resulting from the requirements of  this  subdivision  shall  be  refunded  or  at the option of the assessed shall be applied as a credit  against the charges for the succeeding fiscal year. As  an  alternative,  if  the  estimated annual charge for the fiscal year is equal to or less  than the annual  minimum  assessment  set  by  the  superintendent,  the  superintendent  may  require  full  payment  to  be  made  on  or before  September thirtieth or such  other  date  of  the  fiscal  year  as  the  superintendent may determine.    3.  The  expenses  incurred  in making examinations of, or for special  services performed on account of, any bank holding company, as that term  is defined in article three-A of this chapter, or any  other  person  or  entity   licensed,  registered,  or  incorporated  or  otherwise  formed  pursuant to this chapter, shall be assessed as provided  in  subdivision  two  of  this  section; provided, however, the superintendent, in his or  her sole discretion, may determine, with respect to expenses incurred in  the  making  of  any  specific  examination  or  investigation,  or  the  performing  of  any  special  services,  that  any such expense shall be  assessed against and paid by the  bank  holding  company  or  any  other  person  or  entity  licensed,  registered,  or incorporated or otherwise  formed pursuant  to  this  chapter  for  which  they  were  incurred  or  performed.    4.  The expenses incurred in making an examination of any affiliate of  a banking organization pursuant to subdivision six of section thirty-six  of this chapter, and the expenses incurred  in  making  an  examination,  pursuant  to subdivision six-a of section thirty-six of this chapter, of  a non-banking subsidiary of a corporation or any other entity that is an  affiliate of a banking organization, shall be assessed against and  paidby  such  banking  organization  if  the  affiliate  cannot  be assessed  pursuant to the provisions of subdivision three of this section.    5.  Notwithstanding the provisions of subdivision two of section three  hundred seventy-three,  subdivisions  two  and  three  of  section  five  hundred  ninety-five,  or  any  other  provision  of this chapter to the  contrary, the superintendent may, in his or her  sole  discretion,  upon  notice,  suspend  any  license,  registration,  certificate or authority  granted pursuant to this chapter upon  the  failure  of  any  person  or  entity   licensed,  registered,  or  incorporated  or  otherwise  formed  pursuant to this chapter to make any payment as required by this section  upon the date or dates so designated by the superintendent, and,  except  as  provided  pursuant  to  subdivision  one  of  section  five  hundred  ninety-two-a  of  this  chapter,  the  superintendent  may  revoke  such  suspended  license, registration, certificate or authority, after notice  and hearing, for continued failure of such person or entity to make such  payment, unless the superintendent,  in  his  or  her  sole  discretion,  extends the time for making such payment, upon good cause shown.    6.  Fees as such term is used in subdivision one of this section shall  mean fees charged  and  collected  pursuant  to  sections  eighteen  and  eighteen-a of this article, and article twelve-E of this chapter.