Glossary termFines, payments & suspensions

Summary Suspension (TLC): Suspended Before a Hearing

A summary suspension stops your TLC license before any hearing. Find which of the three types you have and the exact window to ask for a fast hearing.

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  • 3 official sources

Definition

Summary Suspension

A TLC license suspension that starts before any hearing; the licensee can request a fast (expedited) hearing within a short window.

On this page (6)
  1. Which kind do you have?
  2. What can trigger one
  3. What the three types share
  4. Not the same as other suspensions
  5. FAQ
  6. Sources

A summary suspension means TLC suspends your license first and the hearing comes after. TLC's rule book defines it in one line: "a Licensee's License is suspended before a hearing is held on the violation" (35 RCNY §51-03).

Because you lose your license without being heard, the rules give you a fast hearing — if you ask quickly. Calendar days count, including weekends. Use the tool below to find your type and your window, then read our full summary suspension guide.

Which kind do you have?

Find your summary suspension type and deadline

Answer a few questions · general information, not legal advice

Question 1What does your TLC notice say the suspension is based on?

What does your TLC notice say the suspension is based on?

  • A missed drug test

    Important: What this means for you

    Rule 68-16(d): no hearing, but you may send TLC one written submission within 10 calendar days of the notice. An OATH hearing officer decides on the papers, and that decision can be appealed. If you send nothing, you're deemed guilty.

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  • Something I haven't done yet (a document, a course, a valid DMV license…)

    Watch out: What this means for you

    Pending compliance (Rule 68-16). Ask for an expedited hearing within 10 calendar days if the notice was handed to you, or 15 calendar days from mailing if mailed. TLC reinstates once you comply and pay all fines (68-16(e)).

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  • An arrest or pending criminal charge

    Important: What this means for you

    Criminal charges (Rule 68-15(d)). You may request a summary suspension hearing; TLC must schedule it within 10 calendar days of your request. Talk to your criminal lawyer first — what you say could be used in the criminal case.

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  • A safety threat, e.g. positive drug test, fraud, threats, a weapon

    Important: What this means for you

    Pending revocation (Rule 68-15(a)–(c)). If no revocation hearing is set within 15 days, ask for a hearing within 10 calendar days of receiving the notice. TLC must then request a hearing to be held within 10 calendar days.

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  • An unpaid fine

    Watch out: What this means for you

    That's not a summary suspension. Under Rule 68-02(c)(3), TLC suspends 10 business days after its written notice until the fine is paid, unless you prove it was paid. Pay or show proof to lift it.

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What can trigger one

For a suspension pending revocation, the Chair must believe that keeping your license "would constitute a direct and substantial threat to public health or safety". Rule 68-15(a) lists examples: driving a TLC vehicle while impaired by alcohol or drugs; bribery, fraud, material misrepresentation, theft, threats, harassment, abuse or physical force; having a weapon in a TLC vehicle; and a positive drug test or a sample that can't be tested. For criminal charges, the rule covers any pending felony and a listed set of offenses, such as third-degree assault, DWI and leaving the scene of an accident (Rule 68-15(d)).

What the three types share

  • Written notice. For pending revocation, TLC notifies you within 5 days of the suspension. For compliance cases, a mailed suspension starts 5 days after mailing; a hand-delivered one starts immediately (§68-15, §68-16).
  • A recommended decision. An OATH judge hears it and recommends; the TLC Chair decides. See recommended decision for the deadlines the Chair must meet.
  • Missing the window costs you. If you don't ask in time, you lose the fast hearing. The case goes on the normal schedule and the suspension stays until a judge lifts it — or, for compliance cases, until you prove compliance.

The drug-test route is special: OATH's TLC rules confirm the hearing officer decides on the written documentation alone and issues findings of fact that can be appealed (48 RCNY §5-06(a)).

Not the same as other suspensions

A suspension ordered after a hearing (a penalty for a violation) starts when the decision issues. A Persistent Violator suspension follows a hearing too. A summary suspension is the only kind that comes before you're heard. That's why the deadlines are short.

Next steps: your TLC license is suspended — what now?, how to lift a suspension, and TLC drug test rules. For unpaid fines see can TLC suspend my license for unpaid fines?

Frequently asked questions

What is a summary suspension?

TLC's definitions say it means a licensee's license is suspended before a hearing is held on the violation (35 RCNY §51-03). In return, the rules give you a right to a fast hearing if you ask in time.

What are the three types?

Pending revocation (the Chair finds a direct and substantial threat to public health or safety), based on pending criminal charges, and pending compliance (you are out of compliance with a rule that allows suspension until compliance). They are in TLC Rules 68-15 and 68-16.

Is a suspension for unpaid fines a summary suspension?

It is a different process. For unpaid fines, TLC notifies you in writing that your license will be suspended in 10 business days until the fine is paid, unless you show it was paid (35 RCNY §68-02(c)(3)).

Who decides a summary suspension hearing?

An OATH Administrative Law Judge hears it and issues a recommended decision. The TLC Chairperson then makes the final determination.

Sources

Last reviewed against the official sources on .

  1. TLC Rule Book, Chapter 68 (§68-02, §68-15, §68-16) nyc.gov
  2. TLC Rule Book, Chapter 51 (Definitions) nyc.gov
  3. OATH Rules, Chapter 5: TLC cases (48 RCNY §5-06(a)) nyc.gov

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