Glossary termOATH hearings & process

Respondent (TLC Summons): Meaning and Your Rights

On a TLC summons, the respondent is you, the person charged. The rights OATH and TLC rules give you, from notice and evidence to appealing without paying.

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Definition

Respondent

The person or business charged on a TLC summons — the side that answers the petitioner's case at OATH.

On this page (4)
  1. A respondent's rights, in one list
  2. A respondent's duties
  3. FAQ
  4. Sources

The respondent is the person who has to answer the summons — usually you, the driver. TLC's rules define a Respondent as "an individual or Business Entity who has been noticed and charged with a violation of one or more of these Rules or the Administrative Code, or with being not Fit to Hold a License" (35 RCNY §68-03(m)). The other side is the petitioner, usually TLC.

Being the respondent is not a finding of guilt. TLC says plainly: "A summons contains an allegation... TLC will be required to present evidence in court to prove the allegations" (TLC).

A respondent's rights, in one list

Rights you have as a respondent in a TLC case

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Sources: OATH's TLC chapter, 48 RCNY §5-02 and §5-04; OATH's general rules §6-05 and §6-07, §6-12 and §6-16.

A respondent's duties

The flip side: you must answer by the hearing date. For TLC cases, OATH treats your appearance as timely if you're ready to go within 90 minutes of the scheduled time (§5-01a). Miss it without rescheduling and you face a default decision.

Keep your mailing address current with TLC. TLC can serve a licensee by first-class mail to "the last Mailing Address filed with the Commission" (§68-05(b)). A summons sent to an old address still counts.

If you are a vehicle owner, you can be served through your driver, who must forward the summons promptly. If you are not a licensee at all — for example, someone charged with unlicensed activity — TLC can serve you in person or by mail to the address on your state driver's license or vehicle registration (§68-05(c)).

One more duty is easy to forget: if you lose, fines are due to TLC within 30 days of the decision. Filing a timely appeal pushes that to 30 days after the appeal decision (§68-02(c)).

Start with got a TLC summons?, then what TLC must prove. Need language help? Read interpreters at OATH. Planning to appeal? See do I have to pay before appealing?

Frequently asked questions

What does respondent mean on my summons?

The respondent is the person or business charged. TLC's rules define a Respondent as an individual or business entity that has been noticed and charged with violating TLC rules or the Administrative Code, or with not being fit to hold a license (35 RCNY §68-03(m)).

Am I guilty because I'm the respondent?

No. TLC itself says a summons contains an allegation, and if you choose a hearing TLC must present evidence to prove it.

Can the respondent be a business?

Yes. Medallion owners, bases and other businesses can be respondents. A vehicle owner can even be served through the driver, who must pass the summons on promptly.

Does a respondent have to pay before appealing?

Not in TLC cases. OATH's TLC rules say a respondent will not be required to pay the fines, penalties or restitution to file a timely appeal (48 RCNY §5-04(b)).

Sources

Last reviewed against the official sources on .

  1. TLC Rule Book, Chapter 68 (§68-03, §68-05, §68-06) nyc.gov
  2. OATH Rules, Chapter 5: TLC cases (48 RCNY §5-01a–§5-04) nyc.gov
  3. OATH Rules, Subchapter B: Pre-Hearing Procedures (§6-07 Discovery) nyc.gov
  4. OATH Rules, Subchapter C: Hearings (§6-12, §6-16) nyc.gov
  5. TLC: Received a Drivers License Summons? nyc.gov

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