reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter IX - Forms For Commercial Claims Parts Of Court › Form UCS-121 - Transcript of judgment

Current through Register Vol. 46, No. 28, July 10,
				2024
UCS 121 (Rev. 11/90)
Transcript of Judgment
Index No. ________
State of New York, ________ Court of ________,
				  County of ________
Type of proceeding: Civil________Summary
				  ________ Small Claim________Commercial Claim ________Commercial Claim (Consumer
				  Transaction________
1) ________ 1) ________
2) ________ vs 2) ________
3) ________ 3) ________
4) ________ 4) ________
First Paper filed ____________ Notice of Trial
				  filed ____________
Jury ________ Waived ________ Demanded by
				  ________
Amount sued for ________ Arbitration ________
				  Non-Arbitration ________
Disposition ____________
____________
Date of disposition ____________ Date of
				  Appeal ____________
Attorney for Plaintiff Attorney for
				  Defendant
Name ____________ Name ____________
Address ____________ Address
				  ____________
____________ ____________
Phone No. ____________ Phone No.
				  ____________
Remarks ____________
____________
Trade or profession of Judgment Debtor
				  ____________
Last known address of Judgment Debtor
				  ____________
Address of Judgment Creditor
				  ____________
Terms ____________
____________
$____________, plus $____________ Court Costs
				  = $____________
Judgment rendered ________ (date)
Judgment docketed ________ (date) ____________
				  hr. and min.
Clerk's signature ____________ (date)
				  ________
Execution issued on ____________ Return
				  satisfied on ____________
____________
Remarks (date and manner of change of status
				  of judgment ____________
____________
____________
____________
State of New York
County of ________
(seal)
I, ________ (Clerk, Judge or Justice) of the
				  court named above, hereby certify that the above is a correct transcript from
				  the docket of judgment in my office.
Satisfaction of Judgment on ________. Indicate
				  how and to what to extent ____________
Clerk's Signature ____________ (date)
				  ________
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter IX - Forms For Commercial Claims Parts Of Court › Form UCS-124 - Demand letter

Current through Register Vol. 46, No. 28, July 10,
				2024
UCS-124 (Rev. 11/90)
Commercial Claim Arising Out of a Consumer
				  Transaction
DEMAND LETTER
To:
____________
Name of defendant Date
________
________
____________
Address
You have not paid a debt owed ________, which
				  you incurred on ________, 199 ________. The amount remaining upaid on the debt
				  is $ ________. Demand is hereby made that this money be paid. Unless payment of
				  this amount is received by the undersigned no later than ________, 199
				  ________, a lawsuit will be bought against you in the Commercial Claims Part of
				  the Court.
If a lawsuit is brought, you will be notified
				  of the hearing date, and you will be entitled to appear at the hearing and
				  present any defense you may have to this claim.
(If applicable) Our records show that you have
				  made the following payment in partial satisfaction of this debt (fill in dates
				  and amounts paid) ________.
A copy of the original debt instrument -- your
				  agreement to pay -- is attached. [The names and addresses of the parties to
				  that original debt agreement are ________
____________
____________
(iv), CPLR 315 (Order of Publication
________
________
_________________
Typed or Printed Name and Address of
				  Claimant
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 1 - DEBT COLLECTION BY THIRD-PARTY DEBT COLLECTORS AND DEBT BUYERS › Section 1.2 - Required initial disclosures by debt collectors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
				days after the initial communication with a consumer in connection with the
				collection of any debt, a debt collector shall, unless the following
				information is contained in the initial communication or the consumer has paid
				the debt, provide the consumer clear and conspicuous written notification of
				the following:
(1) that debt collectors, in
				accordance with the Fair Debt Collection Practices Act,
				15 U.S.C. section
				1692
et seq.
, are prohibited
				from engaging in abusive, deceptive, and unfair debt collection efforts,
				including but not limited to:
(i) the use or
				threat of violence;
(ii) the use of
				obscene or profane language; and
(iii) repeated phone calls made with the
				intent to annoy, abuse, or harass.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 1 - DEBT COLLECTION BY THIRD-PARTY DEBT COLLECTORS AND DEBT BUYERS › Section 1.3 - Disclosures for debts in which the statute of limitations may be expired

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A debt
				collector must maintain reasonable procedures for determining the statute of
				limitations applicable to a debt it is collecting and whether such statute of
				limitations has expired.
(b) If a
				debt collector knows or has reason to know that the statute of limitations for
				a debt may be expired, before accepting payment on the debt, the debt collector
				must provide the consumer with clear and conspicuous notice, in the same medium
				(such as via telephone or electronic communication) by which the debt collector
				will accept payment, that:
(1) the debt
				collector believes that the statute of limitations applicable to the debt may
				be expired;
(2) suing on a debt for
				which the statute of limitations has expired is a violation of the Fair Debt
				Collection Practices Act,
				15 U.S.C. section
				1692
et seq.
;
(3) if the consumer is sued on a debt for
				which the statute of limitations has expired, the consumer may be able to stop
				the lawsuit by responding to the court that the statute of limitations has
				expired;
(4) the consumer is not
				required to provide the debt collector with an admission, affirmation, or
				acknowledgment of the debt, a promise to pay the debt, or a waiver of the
				statute of limitations; and
(5) if
				the consumer makes any payment on a debt for which the statute of limitations
				has expired or admits, affirms, acknowledges, or promises to pay such debt, the
				statute of limitations may restart.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 1 - DEBT COLLECTION BY THIRD-PARTY DEBT COLLECTORS AND DEBT BUYERS › Section 1.4 - Substantiation of consumer debts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a consumer
				disputes, orally or in writing, the validity of a charged-off debt or the right
				of the debt collector to collect on a charged-off debt, the debt collector must
				inform the consumer that the consumer may request substantiation of the debt,
				unless the debt collector has already provided the consumer the information
				required in this section. The debt collector may treat such dispute as a
				request for substantiation, or:
(1) If the
				consumer disputes the debt orally, the debt collector must:
(i) make reasonable efforts to inform the
				consumer, in the conversation in which the dispute was communicated, how the
				consumer can make a written request for substantiation of the debt in writing;
				and
(ii) within 14 days of the
				consumer disputing the debt, provide the consumer clear and conspicuous written
				instructions on how to request substantiation of the debt; or
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 1 - DEBT COLLECTION BY THIRD-PARTY DEBT COLLECTORS AND DEBT BUYERS › Section 1.5 - Debt payment procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
				business days of agreeing to a debt payment schedule or other agreement to
				settle a debt, a debt collector shall provide the consumer with:
(1) a written confirmation of the debt
				payment schedule or other agreement to settle the debt. This written
				confirmation shall include all material terms and conditions relating to the
				payments and schedule to which the consumer agreed; and
(2) the following notice:
"If a creditor or debt collector receives a money judgment
				  against you in court, state and federal laws may prevent the following types of
				  income from being taken to pay the debt:
1. Supplemental security income, (SSI);
2. Social security;
3. Public assistance (welfare);
4. Spousal support, maintenance (alimony) or
				child support;
5. Unemployment
				benefits;
6. Disability benefits;
7. Workers' compensation
				benefits;
8. Public or private
				pensions;
9. Veterans'
				benefits;
10. Federal student
				loans, federal student grants, and federal work study funds; and
11. Ninety percent of your wages or salary
				earned in the last sixty days."
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 1 - DEBT COLLECTION BY THIRD-PARTY DEBT COLLECTORS AND DEBT BUYERS › Section 1.6 - Communication through electronic mail

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After mailing a consumer written disclosures as required under section
				1.2 of this Part, a debt collector
				may provide subsequent correspondence to the consumer through electronic mail
				only if the consumer has:
(1) voluntarily
				provided an electronic mail account to the debt collector which the consumer
				has affirmed is not an electronic mail account furnished or owned by the
				consumer's employer; and
(2)
				consented in writing to receive electronic mail correspondence from the debt
				collector in reference to a specific debt. A consumer's electronic signature
				constitutes written consent under this section.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 1 - DEBT COLLECTION BY THIRD-PARTY DEBT COLLECTORS AND DEBT BUYERS › Section 1.7 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall become effective 90 days after publication in
				  the
State Register
, except that sections
				  1.2(b)  and
				  1.4 of this Part shall become
				  effective 270 days after publication in the
State
				  Register
.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to The New York State Department of Financial Services ("Department")
				adjudicatory proceedings, as defined in State Administrative Procedure Act
				section 102.3, commenced on or after the
				effective date of this Part or an applicable amendment thereto, except it shall
				not apply to:
(1) a rulemaking proceeding;
(2) an employee disciplinary
				action or other personnel action pursuant to Civil Service Law article 5;
(3) a public hearing for the
				purpose of acquiring information or evaluating an application or a transaction;
				or
(4) proceedings pursuant to
				Insurance Law section 4308, which shall be governed by the provisions of such
				section.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.2 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing in
				an adjudicatory proceeding shall be conducted by a hearing officer chosen from
				among the following persons:
(1) the
				Superintendent of Financial Services;
(2) any Deputy Superintendent; or
(3) any designated salaried employee of the
				Department authorized by the Superintendent for such purpose.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.3 - Notice of adjudicatory proceeding and answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise provided in the Banking
				Law, Insurance Law, or any other applicable law, an adjudicatory proceeding
				shall be commenced by service of a notice of action or proposed action as
				provided in Financial Services Law section 304. U nless otherwise provided in
				the Banking Law, Insurance Law, or any other applicable law, such notice shall
				be served on each party at least ten (10) days prior to the return date.
(b) Such notice shall contain the
				information set forth in State Administrative Procedures Act sections 301.2 and
				Financial Services Law section 304.
(c) Such notice may be amended or
				supplemented:
(1) prior to the commencement
				of the hearing, on at least ten (10) days written notice; or
(2) after commencement of the hearing, as
				authorized by the hearing officer.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.4 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any party to an
				adjudicatory proceeding may be represented by an attorney.
(b) Provided that such individual is not
				currently suspended or debarred from practice before the Department:
(1) An individual may appear on the
				individual's own behalf;
(2) A
				member of a partnership may represent the partnership; or
(3) A duly authorized officer of a
				corporation, trust or association may represent the corporation, trust or
				association.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.5 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subpoenas in
				connection with an adjudicatory proceeding may be issued by:
(1) the Superintendent,
(2) a Deputy Superintendent,
(3) the hearing officer assigned to hear the
				matter, or
(4) any employee of the
				Department authorized by the Superintendent to issue a subpoena in their
				discretion at the request of any party to the proceeding.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.6 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
Discovery is available to respondents and applicants to the
				  extent permitted by the State Administrative Procedure Act sections 301.2, 305,
				  and 401.4.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.7 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules of
				evidence for Department adjudicatory proceedings are set forth in State
				Administrative Procedure Act section 306.
(b) Each witness shall be sworn or shall give
				an affirmation. §
									2.8 Adjournment of Hearings.
(a) Prior to commencement, a hearing may be
				adjourned upon written application by a party to the Department official who
				issued the notice or notice of proposed action. The application may be granted
				upon a showing of good cause at the discretion of the Department official who
				issued the notice or notice of proposed action.
(b) After commencement, a hearing may be
				adjourned at the discretion of the hearing officer for good cause shown upon
				request of any party or upon consent of all parties.
(c) The factors to be considered in
				determining good cause shown, as used in this section, shall include, but not
				be limited to, the following:
(1) illness of
				a party;
(2) temporary absence or
				illness of a witness;
(3)
				opportunity to obtain an attorney;
(4) illness of an attorney;
(5) actual engagement of an attorney in a
				court proceeding; and
(6) the
				number and nature of previous requests for adjournment.
(d) The party or attorney making an
				application for adjournment for good cause shown shall present documentary
				evidence as the hearing officer deems appropriate.
(e) A hearing officer may, in the hearing
				officer's sole discretion, adjourn a hearing.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.8 - Adjournment of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
				to commencement, a hearing may be adjourned upon written application by a party
				to the department official who issued the notice or notice of proposed action.
				The application may be granted upon a showing of good cause at the discretion
				of the department official who issued the notice or notice of proposed
				action.
(b) After commencement, a
				hearing may be adjourned at the discretion of the hearing officer for good
				cause shown upon request of any party or upon consent of all parties.
(c) The factors to be considered in
				determining good cause shown, as used in this section, shall include, but not
				be limited to, the following:
(1) illness of
				a party;
(2) temporary absence or
				illness of a witness;
(3)
				opportunity to obtain an attorney;
(4) illness of an attorney;
(5) actual engagement of an attorney in a
				court proceeding; and
(6) the
				number and nature of previous requests for adjournment.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.9 - Failure to appear

Current through Register Vol. 46, No. 28, July 10, 2024
In the event a party fails to appear or to be represented
				  without having obtained an adjournment at an adjudicatory proceeding initiated
				  by the Department, such adjudication proceeding shall proceed on the existing
				  record and a decision shall be rendered thereon. With respect to the
				  application for a license, authorization, approval or permit, the Department in
				  its sole discretion may deem said application withdrawn.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.10 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
All hearings shall be conducted in an impartial, efficient,
				  timely, expert, and fair manner. The hearing officer shall be responsible for
				  the conduct of a hearing.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.11 - Order of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Department attorney shall present the Department's case-in-chief first, unless
				otherwise ordered by the hearing officer or unless otherwise expressly
				specified by law or regulation.
(b) The Department attorney shall be the
				first party to present an opening statement and a closing statement and may
				make a rebuttal statement after the respondent's or applicant's closing
				statement.
(c) If there are
				multiple respondents, respondents may agree among themselves as to their order
				of presentation of their cases, but if they do not agree, the hearing officer
				shall fix the order.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.12 - Burden of proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The burden
				of proof shall be on the party who initiated the proceeding as set forth in
				State Administrative Procedure Act section 306.1.
(b) The burden of proof is substantial
				evidence. §
									2.13 Record of proceedings.
(a) A verbatim recording shall be made of the
				proceedings.
(b) A transcription
				of the record shall be made available to any party upon request and payment of
				the cost of the transcription.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.13 - Record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				verbatim recording shall be made of the proceedings.
(b) A transcription of the record shall be
				made available to any party upon request and payment of the cost of the
				transcription.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.14 - Hearings open to the public

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearings
				shall be open to the public as provided in Financial Services Law section
				305(c), unless:
(1) conducted concurrently
				pursuant to the Banking Law; or
(2) the Superintendent or the
				Superintendent's designee determines that a closed hearing would be in the
				public interest, in which case the hearing shall be closed to the public.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.15 - Application to reopen

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon written
				application made by a party, the hearing officer may reopen a hearing and may
				recommend to the Superintendent or the Superintendent's designee such further
				action as justice may require. Such application shall be determined in
				accordance with the following:
(1) Where the
				party failed to appear at the hearing, the party, in making the application to
				reopen, must establish that there were valid reasons for having failed to
				appear and that there is a meritorious case on behalf of such party.
(2) Where the party making such an
				application appeared at the hearing, the party must establish that there is
				newly discovered evidence, that despite due diligence by the party was not
				available at the time of the hearing, or other compelling reason for reopening.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.16 - Incomplete record

Current through Register Vol. 46, No. 28, July 10, 2024
Where a hearing record is incomplete or otherwise fails to
				  provide the basis for an informed decision, the Superintendent, the
				  Superintendent's designee, or the hearing officer may direct that the hearing
				  be reopened.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.17 - Hearing officer's report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
				ninety (90) days after the record of the hearing is closed in an adjudicatory
				proceeding, other than a hearing seeking relief from an order of summary
				suspension pursuant to Part 31 of Title 11, the hearing officer shall make a
				written report of findings and recommendations, if any, to the Superintendent
				or the Superintendent's designee of the action to be taken. The time herein
				provided for the hearing officer to make the report to the Superintendent shall
				confer no substantive rights on respondents.
(b) Prior to the close of the hearing, a
				party may request a copy of the report and an opportunity to comment thereon
				before the Superintendent or the Superintendent designee acts on such report.
(c) Where a request has been made
				pursuant to subsection (b) of this section, the hearing officer shall serve a
				copy of the report on each party.
(d) Within fourteen (14) days of such service
				or such other period specified by the hearing officer, a party shall have the
				opportunity to submit written comments to the Superintendent or the
				Superintendent's designee on the report.
(e) Within seven (7) days of service of
				written comment or such other period specified by the hearing officer, a party
				shall have the opportunity to submit written comments in reply to another
				party's written comment.
(f) The
				party submitting the comments shall simultaneously serve such comments on all
				parties.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.18 - Health provider violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				complaint alleging patterns of overcharging by a health provider is received by
				the Department, either in accordance with section 68.9 of Title 11 or from any
				source, and the allegations, if true, would constitute a violation of Insurance
				Law section 5108 or Part 68 of Title 11, a hearing shall be conducted in
				accordance with this Part.
(b) If
				the Superintendent determines after a hearing that such violations have been
				demonstrated, the determination, which shall include a statement of facts and
				findings, shall be forwarded:
(1) in the case
				of physicians and physicians' assistants, to the director of the Office of
				Professional Medical Conduct, New York State Department of Health at the
				appropriate address; and
(2) in
				the case of other health providers, to the director of the Office of
				Professional Discipline, Education Department at the appropriate
				address.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services › Section 2.19 - Hearings conducted by videoconference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing shall
				be conducted by videoconference, unless a hearing officer determines at the
				hearing officer's discretion, or upon a finding of good cause based upon an
				application submitted in accordance with subdivision (b) of this section, to
				conduct a hearing where all or some of the parties, witnesses, and the hearing
				officer are physically present at the same location. When a hearing is
				conducted by videoconference, the parties, witnesses, and the hearing officer
				do not need to be physically present at the same location.
(b) A party may object to a hearing being
				conducted by videoconference by sending a written notice of the objection to
				the hearing officer by first class mail, overnight mail, or electronic mail to
				an address designated by the Department and posted on the Department's website.
				The written notice of objection must be received by the hearing officer at
				least five calendar days prior to the return date set forth in the notice of
				action or proposed action that was served or issued by a party as provided in
				Financial Services Law section 304.
(c) The hearing officer may determine not to
				conduct a hearing or any portion thereof, or not to have a party or witness
				testify, by videoconference upon a finding that a timely written objection to
				conducting a hearing pursuant to this Part by videoconference submitted in
				accordance with subdivision (b) of this section establishes that:
(1) a party's due process rights would be
				best served by all or some of the parties and witnesses, and the hearing
				officer being physically present at the same location; or
(2) circumstances render a hearing, or a
				portion thereof, conducted pursuant to this Part by videoconference
				impractical.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.1 - Records available to the public

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by the Banking Law, Financial
				  Services Law, Insurance Law, Public Officers Law section 87(2), or other
				  provision of law, all records of the department shall be made available to the
				  public in accordance with Public Officers Law Article 6, known as the Freedom
				  of Information Law ("FOIL").
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.2 - Records specifically exempted from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with Public Officers Law section 87(2)(a), the
				  department may deny access to records or portions thereof that are specifically
				  exempted from disclosure by state or federal statute, which include, without
				  limitation, applicable provisions of the Banking Law, the Insurance law and the
				  Financial Services Law.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.3 - Designation of records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
One or more records access officers shall be designated by
				  the superintendent or the superintendent's designee from among the attorneys in
				  the office of general counsel, administration, or any other unit of the
				  department.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.4 - Designation of appeals officer

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal made pursuant to Public Officers Law section
				  89(4)(a) or (5)(c), and section
				  3.5(d) of this
				  Part, shall be determined by an appeals officer, who shall be designated from
				  among the counsels or attorneys in the office of general counsel and does not
				  serve as a records access officer.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.5 - Request for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person or
				entity seeking access to records available to the public under FOIL ("FOIL
				requester") is to make such request, in writing:
(1) on a form prescribed by the department
				and sent electronically from the department's website at
http://www.dfs.ny.gov
; or
(2) by email to:
				recordsaccessofficer@dfs.ny.gov ; or
(3) by mail to: Records Access Officer, New
				York State Department of Financial Services, Office of General Counsel, One
				State Street, 20th Floor, New York, NY 10004.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.6 - Fees and payment for copies or reproductions of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Photocopied records or other records. The
				fee for copies of records photocopied by department staff shall be 25 cents per
				page not exceeding nine by 14 inches or the actual cost to the department to
				reproduce any other record.
(b)
				Email attachments and file transfers. There is no fee for records provided to a
				requester that are sent electronically as an attachment to email or by file
				transfer application through the department's secure portal.
(c) Preparation costs. If the department
				requires more than two hours to prepare one or more copies of a record in
				response to a FOIL request, the fee charged for such preparation after the
				first two hours shall be an amount equal to the hourly salary attributed to the
				lowest paid department employee. Preparation costs shall not include search
				time or administrative costs.
(d)
				Outside service. If the department must engage an outside professional service
				to prepare a copy of a requested record, because the department's information
				technology equipment is inadequate to prepare such copy, the fee shall be the
				actual cost charged by such outside professional service to the
				department.
(e) Time of payment.
				The department requires payment for copies of records prior to releasing
				records in response to a FOIL request. The department may require payment for
				copies of records prior to processing a FOIL request when the request entails
				the copying of voluminous records.
(f) Waiver of fees. The department may waive
				the applicable fee for the provision of records on a case-by-case basis, which
				will be decided based upon the circumstances surrounding the individual
				request. No organization or entity, except a governmental agency, is entitled
				to a blanket waiver of fees.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 3 › Section 3.7 - Trade secret/competitive harm exemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to Public Officers Law section
				89(5), any person or entity that submits records to the department may, at the
				time of submission, request that the department except those records from
				disclosure under Public Officers Law section 87(2)(d), ("record submitter").
				Where the request for an exception itself contains information that, if
				disclosed, would defeat the purpose for which the exception is sought, such
				information also shall be excepted from disclosure. The request for an
				exception shall be in writing and state the reasons why the records, or
				portions thereof, should be excepted from disclosure. The records submitted to
				the department shall be excepted from disclosure and shall be maintained
				separate and apart from all other records until 15 days after the department
				has finally determined that the records are not entitled to the exception, or
				such further time as may be ordered by a court of competent
				jurisdiction.
(b) Upon the
				initiative of the department, or upon a request for a record that the
				department maintains separate and apart from all other records pursuant to
				Public Officers Law section 89(5), the department shall:
(1) inform the record submitter of the
				department's intention to determine whether an exception should be
				continued;
(2) afford the record
				submitter 10 business days after receipt of notification from the department to
				submit a written statement in support of the necessity for the continuation of
				such exception;
(3) within seven
				business days of receipt of such written statement, or within seven business
				days of the expiration of the period prescribed for submission of such
				statement, issue to the record submitter a written determination continuing or
				terminating such exception and stating the reasons therefor. Copies of such
				determination also shall be served upon the FOIL requester and the Committee on
				Open Government.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 100 - State Charter Advisory Board: Selection Of Candidates Representing Banking Institutions › Section 100.1 - Nomination procedure

Current through Register Vol. 46, No. 28, July 10, 2024
The following procedure shall be followed in connection with
				  the nomination of candidates for consideration by the superintendent in
				  appointing members of the State Charter Advisory Board (hereinafter the board)
				  who represent banking institutions (each a bank member):
(a) Within 90 days after the provisions of
				the law creating the board become effective, and at least 30 days prior to the
				expiration of the term of any bank member, and within 60 days after a vacancy
				has occurred for any reason other than expiration of term in the office of any
				bank member, the Department of Financial Services (the department) shall notify
				the institutions in the group or groups described in section
				100.2 of this Part in which such
				vacancy has occurred or will occur of the opportunity to nominate candidates to
				serve as the person representing such group. Such notice may be given by such
				means as the superintendent deems appropriate, including publication in the
				bulletin of the department.
(b)
				Upon the expiration of a period prescribed by the superintendent, which shall
				be not less than 15 days nor more than 45 days from the date on which such
				nominations were first solicited, the names of the persons nominated shall be
				submitted to the superintendent.
(c) No institution shall nominate more than
				one person for any vacancy.
(d)
				Notwithstanding the foregoing provisions of this section, no solicitation for
				nominations of candidates shall be required prior to the reappointment of a
				person who has served not more than one year as a member of the
				board.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 100 - State Charter Advisory Board: Selection Of Candidates Representing Banking Institutions › Section 100.2 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
Of the eight members of the Board representing banking
				  institutions, one member shall represent institutions in each of the following
				  groups:
Group One - Credit unions.
Group Two - Foreign banking corporations licensed to maintain
				  a branch or an agency in this State.
Group Three - Banks, trust companies, private bankers,
				  savings banks, and savings and loan associations (collectively, for purposes of
				  this section, banks) having total assets of more than $3 billion as shown by
				  the last periodical report of condition received by the superintendent.
Group Four - Banks located in New York City or the Counties
				  of Nassau, Suffolk, Sullivan, Westchester, Rockland, Putnam, Orange, Dutchess
				  or Ulster, and having total assets of less than $500 million as shown by the
				  last periodical report of condition received by the superintendent.
Group Five - Banks, other than those in Group Four, having
				  assets of less than $500 million as shown by the last periodical report of
				  condition received by the superintendent.
Group Six - Banks located in New York City and having total
				  assets of $500 million to $3 billion as shown by the last periodical report of
				  condition received by the superintendent.
Group Seven - Banks located in the Counties of Nassau,
				  Suffolk, Rockland, Westchester, Orange, Putnam, Sullivan, Ulster, Dutchess,
				  Delaware, Greene, Columbia, Otsego, Schoharie, Albany, Rensselaer, Herkimer,
				  Montgomery, Schenectady, Fulton, Saratoga, Washington, Warren, Hamilton, Essex,
				  Clinton, Franklin, or St. Lawrence, and having total assets of $500 million to
				  $3 billion as shown by the last periodical report of condition received by the
				  superintendent.
Group Eight - Banks, other than those in Group Six and Group
				  Seven, having total assets of $500 million to $3 billion as shown by the last
				  periodical report of condition received by the
				  superintendent.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 100 - State Charter Advisory Board: Selection Of Candidates Representing Banking Institutions › Section 100.3 - Appointment of members

Current through Register Vol. 46, No. 28, July 10, 2024
Members of the board shall be selected by the superintendent
				  in his or her sole discretion. In selecting members, the superintendent will
				  give due consideration to persons nominated in accordance with section
				  100.1 of this Part, the extent to
				  which the bank members of the board reflect a range of size and geographical
				  location, and the other factors set forth in section 205-b of the Financial
				  Services Law.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 101 - BANKING DIVISION ASSESSMENTS › Section 101.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the Financial Services Law (FSL), the former New
				  York State Banking Department and the former New York State Insurance
				  Department were consolidated on October 3, 2011 into the Department of
				  Financial Services (Department). Prior to the consolidation, assessments of
				  institutions subject to the Banking Law (Banking Law) were governed by former
				  section 17  of the Banking Law. Effective October 3, 2011, assessments are
				  governed solely by section 206 of the FSL. FSL section 206 provides that all
				  expenses (including, but not limited to, compensation, lease costs and other
				  overhead costs) of the department attributable to institutions subject to the
				  Banking Law are to be charged to, and paid by, such regulated institutions
				  (regulated entities). The superintendent is authorized to assess regulated
				  entities for its total costs attributable to such institutions in such
				  proportions as the superintendent shall deem just and reasonable. This
				  regulation sets forth the basis for allocating such expenses among regulated
				  entities and the process for making such assessments.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 101 - BANKING DIVISION ASSESSMENTS › Section 101.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions apply in this Part:
(a) Total Operating Cost means
(1) the sum of the total operating expenses
				of the Department that are solely attributable to its oversight of persons
				regulated under the Banking Law and
(2) the proportion deemed just and reasonable
				by the Superintendent of the other operating expenses of the Department which
				under FSL section 206(a) may be assessed against persons regulated under the
				Banking Law and other persons regulated by the Department.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 101 - BANKING DIVISION ASSESSMENTS › Section 101.3 - Billing and Assessment Process

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State fiscal year begins April 1 and ends March
				  31 of the following calendar year. Each institution subject to assessment
				  pursuant to this Part is billed five times for a fiscal year: four quarterly
				  assessments (each approximately 25% of the anticipated annual amount) based on
				  the Banking Division's estimated annual budget at the time of the billing, and
				  a final assessment (or "true-up"), based on the Banking Division's actual
				  expenses for the fiscal year. Any institution that is a Regulated Entity for
				  any part of a quarter shall be assessed for the full quarter.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 101 - BANKING DIVISION ASSESSMENTS › Section 101.4 - Computation of Assessment

Current through Register Vol. 46, No. 28, July 10, 2024
The total annual assessment for an institution shall be the
				  sum of its Supervisory Component and its Regulatory
				  Component.
New York Codes, Rules and Regulations › Title 23 - FINANCIAL SERVICES › Chapter I - Regulations of the Superintendent of Financial Services › Part 101 - BANKING DIVISION ASSESSMENTS › Section 101.5 - Penalties/Enforcement Actions

Current through Register Vol. 46, No. 28, July 10, 2024
All Regulated Entities shall be subject to all applicable
				  penalties, including late fees and interest, provided for by the Banking Law,
				  the FSL, the State Finance law or other applicable laws. Enforcement actions
				  for nonpayment could include suspension, revocation, expiration or termination
				  of the entity's license or such other actions as the Superintendent may deem
				  appropriate.