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Hearing Officer (OATH): Who Decides Your TLC Summons

The Hearing Officer is the OATH official who decides most TLC summonses. What they can do, the proof TLC must bring, and their power to reduce a penalty.

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  • 4 official sources

Definition

Hearing Officer

The OATH official who hears and decides TLC summonses at the OATH Hearings Division.

On this page (6)
  1. What the Hearing Officer does
  2. Powers special to TLC cases
  3. Hearing Officer vs. Administrative Law Judge
  4. How busy the calendar is
  5. FAQ
  6. Sources

The Hearing Officer is the person who hears your TLC summons and decides it. TLC's rules define the role as "a person designated by the Chief Administrative Law Judge of OATH ... to carry out the adjudicatory powers, duties, and responsibilities" of the tribunal that hears TLC cases (35 RCNY §68-03(f)). The key point: Hearing Officers work for OATH (the NYC Office of Administrative Trials and Hearings), not for TLC.

What the Hearing Officer does

Under OATH's rules, the Hearing Officer can administer oaths, examine witnesses, and rule on evidence (§6-13). After the hearing they "promptly write a decision sustaining or dismissing each charge" on the summons (§6-17(a)). They can also grant an adjournment for good cause.

The burden is on TLC. "The Petitioner has the burden of proving the factual allegations contained in the summons by a preponderance of the evidence" (§6-12(a)). "Preponderance" means more likely true than not. Our guide on what TLC must prove explains this for common charges.

Powers special to TLC cases

OATH's TLC chapter gives Hearing Officers extra tools (48 RCNY Chapter 5):

  • Complaining witness. When the witness's credibility matters, TLC must produce the witness in person or remotely. If TLC can't, and the Hearing Officer finds its efforts inadequate, the Hearing Officer "will dismiss the summons" (§5-02(b)).
  • Reduced penalty. A Hearing Officer may, "in the interest of justice," impose a reduced penalty — except for Admin. Code §19-507 violations — after weighing factors such as the seriousness of the violation, the harm caused, the respondent's history and condition, and the effect of the penalty (§5-06(c)(1)). The decision must state the amount and reasons. TLC's Chairperson may re-impose the full penalty within 20 business days (§5-06(c)(3)).
  • Timing. If TLC doesn't appear within 30 minutes of your timely appearance, the summons is dismissed; if the hearing hasn't begun within 3 hours of both sides appearing, it is dismissed without prejudice (§5-01a).

Hearing Officer vs. Administrative Law Judge

Who decides which TLC case

Row labelHearing OfficerOATH Administrative Law Judge
WhereOATH Hearings DivisionOATH Tribunal (Trials Division)
Typical casesSummonses for TLC rule and Admin Code violationsFitness, discretionary revocation, summary suspension
DecisionFinal, subject to appeal to OATH's Appeals UnitRecommended Decision; the TLC Chairperson decides

Source: §68-09. If you disagree with a Hearing Officer's decision, the next step is an appeal.

How busy the calendar is

TLC summonses by hearing month

Taxi/FHV summonses at OATH with a hearing date in each month: past months and those already scheduled. Outcomes are not in this data.

Summonses

6.7K2025-102025-112025-122026-012026-022026-032026-042026-052026-062026-072026-082026-092026-102026-112026-12
  • Hearing date passed
  • This month onward (scheduled)
Show data table
LabelHearing date passedThis month onward (scheduled)
2025-105,6730
2025-113,6480
2025-124,5830
2026-015,8590
2026-022,0720
2026-036,7190
2026-046,0810
2026-055,5470
2026-065,1550
2026-074,4800
2026-083,4070
2026-092,7380
2026-100723
2026-110269
2026-120140

Source: NYC Open Data: OATH Hearings Division Case Status (jz4z-kudi) · Data as of Oct 12, 2026. Counts are summonses filed at OATH by the agency, dated by violation_date (the date on the summons). A summons is not a finding of guilt. hearing_status, hearing_result, penalty_imposed, paid_amount and the charge descriptions are blank for taxi rows in this dataset, so it cannot show outcomes or fines. hearing_date is the scheduled hearing date; the dataset does not record whether the hearing happened, was rescheduled, or ended in a default. Future months fill up as new summonses are filed.

Source: NYC Open Data. To get ready for yours, see how to prepare for a TLC hearing and the OATH hearing guide.

Frequently asked questions

Who is the Hearing Officer?

TLC rules define a Hearing Officer as a person designated by OATH's Chief Administrative Law Judge to carry out the adjudicatory powers of the tribunal that hears TLC summonses (35 RCNY §68-03(f)). They work for OATH, not TLC.

Does TLC have to prove the charge?

Yes. OATH's rules say the petitioner (TLC or the agency that wrote the summons) has the burden of proving the factual allegations by a preponderance of the evidence (48 RCNY §6-12(a)).

Can a Hearing Officer lower my fine?

In TLC cases, yes in limited situations. 48 RCNY §5-06(c) lets a Hearing Officer impose a reduced penalty in the interest of justice, except for Admin. Code §19-507 violations, after weighing listed factors. TLC's Chairperson can re-impose the full penalty within 20 business days.

Is a Hearing Officer the same as an Administrative Law Judge?

Not in TLC's rules. Hearing Officers decide summonses at the OATH Hearings Division. OATH Administrative Law Judges hold trials in the OATH Tribunal for cases like fitness and discretionary revocation, and their decisions are recommendations to the TLC Chairperson.

Sources

Last reviewed against the official sources on .

  1. TLC Rule Book, Chapter 68 (§68-03, §68-09) nyc.gov
  2. OATH Rules, Subchapter C: Hearings (48 RCNY §6-12, §6-13, §6-17) nyc.gov
  3. OATH Rules, Chapter 5: TLC cases (48 RCNY §5-02, §5-06) nyc.gov
  4. NYC Open Data: OATH Hearings Division Case Status (jz4z-kudi) data.cityofnewyork.us

Spotted something out of date? Tell us and we'll check it against the official source.

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.

Related

GuideWhat TLC Must Prove at Your OATH HearingThe burden of proof in TLC cases: preponderance of the evidence, why a sworn summons is prima facie proof, what a summons must contain, and when cases end.Read GuideOATH Hearings for TLC Drivers: Phone, Online, In PersonHow OATH hearings work for TLC summonses: the deadlines to request a phone or in-person hearing, sending a written defense, and what the judge decides.Read GuideHow to Prepare for a TLC Hearing: A Week-by-Week PlanA dated plan from summons to OATH hearing: picking a method, the one free reschedule, asking TLC for its evidence 5 business days ahead, the hearing order.Read AdjournmentA Hearing Officer's decision, for good cause, to stop a hearing that has started and continue it on a later date.AppealA request for OATH's Appeals Unit to review a Hearing Officer's decision on a TLC summons, based on the hearing record.Driver questionCan an OATH Hearing Officer Reduce My TLC Fine?Sometimes. OATH's TLC rules let a hearing officer cut a penalty in the interest of justice, using nine factors. TLC can restore it within 20 business days.Read