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An appeal is a request to have a Hearing Officer's decision reviewed. TLC's rules define it as "the request for review of a decision of a Hearing Officer," decided by the Appeals Unit at OATH, whose members "do not hear cases in the first instance" (35 RCNY §68-03). In plain terms: someone new reads the record of your hearing and decides whether the decision was right.
The deadline
OATH says to submit your appeal within 30 days of the decision date, or 35 days if the decision was mailed to you (OATH: Appeal a Decision). There is one TLC exception: if the Hearing Officer gave you a reduced penalty "in the interest of justice," a party appealing that decision has 50 days (48 RCNY §5-04(a)). Use our appeal deadline calculator to count the days.
Do you have to pay first?
On most OATH cases you must pay the penalty before appealing unless you get a hardship waiver (OATH). TLC cases are different: OATH's TLC chapter says a respondent "will not be required to pay the fines, penalties, or restitution imposed in the decision in order to file a timely appeal" (48 RCNY §5-04(b)). TLC's own rule then pushes the fine's due date to 30 days after the appeal decision (§80-02(c)). Miss the appeal deadline and that protection is gone — the normal 30-day payment rule applies, and unpaid TLC fines lead to suspension (see paying TLC fines).
The hearing recording
If you ask in writing for a copy of the hearing recording when appealing, OATH must produce it within 30 days. If it cannot, "the determination being appealed will be dismissed without prejudice" (48 RCNY §5-04(e)).
After the Appeals Unit
The Appeals Unit's decision is final unless either side petitions the TLC Chairperson within 30 days to review an error of law (§68-12(c)). The Chairperson is bound by the facts found in the record. An appeal is different from a motion to vacate, which is how you challenge a default decision after a missed hearing. Our full guide: appealing an OATH decision.
Frequently asked questions
How long do I have to appeal?
OATH says an appeal must be submitted within 30 days of the decision date, or 35 days if the decision was mailed to you. If a Hearing Officer reduced your penalty under the TLC 'interest of justice' rule, the deadline is 50 days (48 RCNY §5-04(a)).
Do I have to pay the TLC fine before appealing?
For TLC cases, OATH's rules say you are not required to pay the fines, penalties or restitution in the decision to file a timely appeal (48 RCNY §5-04(b), based on Admin. Code §19-506.1(c)). TLC rule §80-02(c) then defers the fine until 30 days after the appeal decision.
Is an appeal a new hearing?
No. The Appeals Unit decides cases on appeal and does not hear cases in the first instance (35 RCNY §68-03(b)). You can request a copy of the hearing recording for your appeal.
What if my license was suspended or revoked?
OATH's TLC rules say that when an appeal involves the suspension or revocation of a TLC-issued license, the Appeals Unit will issue an expedited decision (48 RCNY §5-04(c)).
Sources
Last reviewed against the official sources on .
- OATH: Appeal a Decision nyc.gov
- OATH Rules, Chapter 5: TLC cases (48 RCNY §5-04) nyc.gov
- TLC Rule Book, Chapter 68 (Adjudications) nyc.gov
- TLC Rule Book, Chapter 80 (§80-02 Penalties) nyc.gov
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TLC Help is not a law firm and is not affiliated with the NYC Taxi & Limousine Commission or OATH. Explanations on this site are general information, not legal advice. Legal representation is provided by independent attorneys and OATH-registered representatives in our network.