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A recommended decision is a ruling by an OATH judge that is not final yet. In certain serious TLC license cases, the judge hears the case and recommends an outcome, and then the TLC Chairperson makes the final decision. TLC's rules define it as a decision "that must be reviewed by the Chairperson, either in its entirety or for the appropriateness of the penalty being imposed, before it becomes final" (35 RCNY §68-03(l)).
Most TLC summonses don't work this way. For an ordinary summons, the Hearing Officer's decision is final unless someone appeals (§68-09(a)).
Which cases get one
Under §68-09(b), the OATH Administrative Law Judge's decision is only a recommendation in:
- Fitness cases — whether you are fit to hold a license (see fitness hearing).
- Discretionary revocation and other discretionary penalties (see revocation).
- Padlocking and certain penalty decisions under Admin Code §19-528.
- Summary suspension hearings, both pending revocation and pending compliance (see summary suspension).
What happens after the hearing
Deadlines that protect you
These are rules you can point to, and they matter because a summary suspension keeps you off the road while you wait. If you are waiting on the Chair and a deadline passes, ask your lawyer to raise it with TLC in writing.
Why it matters
Because the Chair can modify or reject the judge's recommendation, a good result at the hearing is not the end. Your written response is your chance to defend it, using only what is already in the record. The Chair is limited too: the review is based on the hearing record, and your response can't add new evidence. That is why building a complete record at the hearing — documents, witnesses, objections — matters more in these cases. OATH's own guide for these cases strongly encourages getting a lawyer or knowledgeable representative (OATH guide).
For the courts involved, see OATH. For the bigger picture, read TLC license revocation and summary suspension.
Frequently asked questions
What is a recommended decision?
TLC's rules define it as a decision made by an OATH Administrative Law Judge after a hearing that must be reviewed by the TLC Chairperson, in full or for the penalty, before it becomes final (35 RCNY §68-03(l)).
Which TLC cases end in a recommended decision?
Fitness cases, discretionary revocation cases, padlocking and certain §19-528 penalty cases, and summary suspension hearings (pending revocation or pending compliance) (35 RCNY §68-09(b)).
Can I respond before the Chair decides?
Yes. You must be given a chance to send the Chair a written response. It must be limited to the hearing record and the judge's determination — no new evidence (35 RCNY §68-10(a)).
What if the Chair never decides?
If the Chair doesn't decide within 120 calendar days of receiving the recommended decision, the charges are dismissed (§68-08(b)). In most summary suspension cases, if there's no decision within 60 calendar days after the hearing ends, the suspension must be lifted until a decision is made (§68-15(c)(5), §68-16(c)(5)); for suspensions based on criminal charges the Chair has 20 days from the recommended decision (§68-15(d)(8)).
Sources
Last reviewed against the official sources on .
- TLC Rule Book, Chapter 68 (§68-03, §68-08, §68-09, §68-10, §68-11, §68-15) nyc.gov
- OATH: Taxi and TLC-Licensee Cases at the Trials Division (guide) nyc.gov
- TLC Rule Book, Chapter 51 (Definitions) nyc.gov
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.