Default Decision (TLC/OATH): Meaning & How to Undo It

A default decision (often just "a default") is a decision made against you because you did not respond to your summons in time. TLC's rules define it as "a decision against a Respondent after a Respondent fails to appear for a hearing, enter a plea, or make a request to reschedule" (35 RCNY §68-03(c)). Nobody looks at your side of the story. You simply lose.

What a default costs

OATH says that if you don't respond by the hearing date, "you will be found 'in violation' of the charge by default and a higher fine may be imposed" (OATH). TLC adds that a default can lead to fines, points, and "suspension or revocation of your TLC license" (TLC). And the fine is still owed to TLC: unpaid TLC fines lead to license suspension (see can TLC suspend my license for unpaid fines?).

Three ways to avoid one

The 90-minute rule

OATH's TLC chapter says a respondent's appearance "is timely if the Respondent appears and is ready to proceed no more than ninety (90) minutes after the scheduled hearing time" (48 RCNY §5-01a(a)). It also works the other way: if TLC's side does not appear within 30 minutes of your timely appearance and has not asked to reschedule, the Tribunal will dismiss the summons. Treat the 90 minutes as an emergency buffer, not a plan.

Undoing a default

For TLC summonses, you may file a written motion to vacate a default "within two (2) years from the date of entry of the default decision" (48 RCNY §5-03). This comes from NYC Administrative Code §19-506.1. A motion to vacate asks for a new hearing; it is not the same as an appeal. OATH's rules also cover the mail: if you contested by mail and your written submission was postmarked before the hearing date but arrived after a first default was issued, that default "will be vacated" (§6-10(b)(1)). Keep your proof of mailing.

Step-by-step help is in missed your OATH hearing? and motion to vacate a default. To check your dates, use the deadline calculator.