Glossary termGetting & keeping a TLC license

Discretionary Revocation (TLC): Meaning & Process

Discretionary revocation is TLC seeking to take a license when a rule doesn't require it. How it differs from mandatory revocation, and the appeal path.

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Definition

Discretionary Revocation

Revocation of a TLC license that the rule allows but does not require; sought by the Chairperson and decided after an OATH trial.

On this page (6)
  1. Mandatory vs. discretionary
  2. How the process works
  3. Signs to look for
  4. Why it matters
  5. FAQ
  6. Sources

Discretionary revocation means TLC is asking to take away a license in a case where the rule allows revocation but does not require it. TLC's rules define it as revocation "when a Rule does not specify that revocation must be imposed (for example, when 'revocation' follows 'or' or 'and/or' in a penalty box)" (35 RCNY §68-03(d)). The Chairperson can seek it for any rule violation if continued licensure "presents a threat to public health, safety, or welfare."

Mandatory vs. discretionary

Two kinds of revocation in TLC rules

Row labelMandatory revocationDiscretionary revocation
WhenThe rule says revocation must be imposedThe rule allows it, or the Chairperson finds a threat to public safety or welfare
ExampleThird overcharge/refusal violation within 36 months; a $10-or-more overcharge (§80-02(e))A penalty box reading '$X and/or revocation'
Who imposes itThe Tribunal at OATH (or the Chairperson, if applicable) once you are found guiltyAn OATH Administrative Law Judge after a trial
DecisionRevocation follows a guilty findingRecommended Decision; the TLC Chairperson decides
Other penalties possibleAs listed in the ruleRevocation, suspension up to 6 months, fine up to $1,000 per offense for a driver

Sources: §68-13, §80-02.

How the process works

  1. Warning on the summons. The summons must state that "a finding of guilt could result in the revocation of the Respondent's License" (§68-06(a)(6)). If you see this sentence, treat the case as serious.
  2. Trial, not a routine hearing. The case goes to the OATH Tribunal and is heard by an OATH Administrative Law Judge (not the usual Hearing Officer). OATH's guide says these cases often start with a conference where a judge helps both sides discuss settlement; settlement is voluntary (OATH Trials Division guide).
  3. Recommended Decision. The judge's decision is a recommendation. The TLC Chairperson makes the final decision (§68-09(b)).
  4. Appeal to the Commissioners. You can file a written appeal within 30 calendar days of the Chairperson's final decision. Review is limited to issues of law and whether the decisions are supported by substantial evidence. At least five votes are needed to reject, modify or remand (§68-11).

Signs to look for

Read the penalty box of the rule on your summons. Words like "and/or revocation" or "up to revocation" mean revocation is possible but not automatic. The summons warning sentence is the clearest sign TLC will actually ask for it.

Why it matters

Revocation is not a long suspension. OATH's guide explains that a revoked license "will never be restored"; you would have to apply again, and TLC decides that separately (OATH). That is why a lawyer is strongly worth considering. Related reading: TLC license revocation, fitness hearing, and the TLC penalty schedule explained. For a mandatory-revocation example, see the overcharging rule §80-17(a)(1).

Frequently asked questions

What is discretionary revocation?

TLC defines it as revocation 'when a Rule does not specify that revocation must be imposed' — for example when 'revocation' follows 'or' or 'and/or' in a penalty box. The Chairperson can seek it for any rule violation if continued licensure presents a threat to public health, safety, or welfare (35 RCNY §68-03(d)).

How will I know TLC is seeking it?

TLC rules say the summons must include a specific statement that a finding of guilt could result in revocation of your license (§68-06(a)(6), §68-13(b)(3)).

Who decides?

An OATH Administrative Law Judge holds the hearing and writes a Recommended Decision. The TLC Chairperson then makes the final decision (§68-09(b), §68-13(b)).

Can I appeal a discretionary revocation?

Yes. A Chairperson's final decision imposing discretionary revocation can be appealed to the Commissioners in writing within 30 calendar days (§68-11). At least five votes are needed to reject, modify or remand it.

Sources

Last reviewed against the official sources on .

  1. TLC Rule Book, Chapter 68 (Adjudications) nyc.gov
  2. TLC Rule Book, Chapter 80 (§80-02 Penalties) nyc.gov
  3. OATH: Taxi and TLC-Licensee Cases — A Guide to Your Trial at the OATH Trials Division nyc.gov

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