Glossary termOATH hearings & process

Online Hearing (OATH): Fighting a Summons in Writing

An OATH online hearing means a judge decides your summons from a written defense. TLC eligibility, the deadline, the 3-file limit and what you give up.

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Definition

Online Hearing

Contesting an OATH summons by written defense submitted online; a hearing officer decides on the papers or orders a live hearing.

On this page (5)
  1. How it compares
  2. The rules that matter
  3. When it's a poor fit
  4. FAQ
  5. Sources

An online hearing is a way to fight a summons in writing. Instead of talking to a hearing officer, you send OATH your defense and evidence through a web form. A hearing officer reads it and decides. OATH also calls this a One-Click Hearing (OATH).

For TLC summonses, it is not always available. TLC says hearings are "generally held by phone or by submitting a written defense online (if eligible)" (TLC). If your summons is not eligible, plan for a phone hearing.

How it compares

Four ways to answer a TLC summons at OATH

Row labelOnlineMailPhoneIn person
Available for TLC?Only if eligibleOnly if eligibleYes — most commonOn request
DeadlineReceived on or before the hearing dateReceived or postmarked before the hearing dateRequest 3 business days to 1 month beforeEmail request 5+ business days before
You speak to the officer?NoNoYesYes
Can you question TLC's witness?NoNoYesYes
EvidenceUp to 3 files, 3 MB totalPaper copiesSend ahead as instructedBring it

Deadlines for phone and in-person requests are from OATH's Hearings and Defaults page. The 3-file / 3 MB limit is printed on OATH's online form; if you have more, OATH points you to a mail or in-person hearing.

The rules that matter

OATH's rule on written hearings, 48 RCNY §6-10, sets three things every driver should know:

  1. Answer every charge. Your submission must contain your denials, admissions and explanations for each violation. "Violations that are not denied or explained will be deemed to have been admitted; defenses not specifically raised will be deemed to have been waived."
  2. Timing. Online submissions must be received on or before the hearing date.
  3. It may not end there. After reading it, the hearing officer will either issue a written decision or require a phone or in-person hearing.

You also certify the form under penalty of perjury. Write only what you know is true.

When it's a poor fit

A written defense is a one-shot document. You cannot hear TLC's evidence or ask questions. Where your case depends on challenging a witness — a passenger complaint, for example — a live hearing usually gives you more. TLC cases also carry a right to confront the complaining witness when credibility matters (48 RCNY §5-02), which you can't use in writing.

Read the full written defense guide, choose your evidence, or use the hearing prep checklist. Need more time? See reschedule.

Frequently asked questions

What is an OATH online hearing?

It is a way to contest a summons by sending a written defense instead of speaking to a hearing officer. OATH also calls it a One-Click Hearing. A hearing officer reads it and either decides the case or orders a phone or in-person hearing (48 RCNY §6-10).

Can I use an online hearing for my TLC summons?

Only if your summons is eligible. TLC says you can submit a written defense online 'if eligible'. Check your summons and OATH's online form, or call OATH at (844) 628-4692 before your hearing date.

What is the deadline?

Online submissions must be received on or before the scheduled hearing date. Mailed defenses must be received, or postmarked, before the hearing date.

What happens if I forget to answer one of the charges?

OATH's rules say violations not denied or explained are deemed admitted, and defenses you don't raise are deemed waived. Answer every charge on the summons separately.

Sources

Last reviewed against the official sources on .

  1. OATH Rules, Subchapter C: Hearings (48 RCNY §6-10 Written Remote Adjudications) nyc.gov
  2. OATH: Hearings and Defaults nyc.gov
  3. OATH: Online Hearing Submission Form nyc.gov
  4. TLC: Received a Drivers License Summons? nyc.gov

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