Missed Your OATH Hearing? Defaults and New Hearings

In short

If nobody appeared for you and you didn't reschedule in time, OATH decides the summons by default. The facts on the summons are treated as admitted, you are found in violation, and the penalty takes effect right away. You can usually ask OATH for a new hearing. A first request made quickly (within 75 days) is granted. Later requests need a good reason. For TLC summonses there is an outer limit of two years. Act now: an unpaid default fine can lead to a TLC license suspension.

This page is general information, not legal advice.

What a default means

OATH's rule 48 RCNY §6-20 says a respondent who fails to appear, or to make a required request to reschedule, "will be deemed to have defaulted." Then, without further notice and without a hearing:

• all facts alleged in the summons are deemed admitted,
• you are found in violation, and
• the penalties authorized by the rules are applied.

Default decisions take effect immediately. OATH notifies you by mailing the decision. OATH's public page adds that if you don't respond by the hearing date, "a higher fine may be imposed" (OATH: Hearings and defaults).

For a TLC driver the damage can grow. TLC rule §80-02(c) says fines are due within 30 days of the guilty finding. If a fine is not paid, TLC notifies you in writing that your license will be suspended 10 business days later until the fine is paid. Penalty points from a default also count toward the Persistent Violator Program.

Were you just late? For TLC summonses, OATH's TLC chapter says your appearance is on time if you appear and are ready to proceed no more than 90 minutes after the scheduled hearing time (48 RCNY §5-01a). See how late can I be for my TLC hearing?

The deadlines for a new hearing

OATH calls this a request for a new hearing after a failure to appear, also known as a motion to vacate a default. There are three windows:

75 days. Under 48 RCNY §6-21, "a first request for a new hearing after default … submitted within seventy-five (75) days of the mailing or hand delivery date of the default decision will be granted." A request sent by mail must be postmarked within that window. OATH's missed hearings FAQ describes the 75 days as running from the missed hearing date. Because the two official descriptions differ, plan on the earlier date, the hearing date, so you are safe under either. Our deadline calculator does the same.

Up to one year. After 75 days, a request "must be filed within one (1) year of the date of the default decision" and include a statement of a reasonable excuse for missing the hearing, with supporting documents. A hearing officer decides whether to grant it.

Up to two years for TLC summonses. OATH's TLC chapter adds a TLC-specific right: under Administrative Code §19-506.1, a respondent "may move to vacate a default decision by filing a written motion to vacate within two (2) years from the date of entry of the default decision" (48 RCNY §5-03). OATH's general rules still apply where they don't conflict with the TLC chapter, so expect to show a reasonable excuse for a late request. Our motion to vacate guide covers this in more depth.

What OATH looks at for a late request

For requests made after 75 days, §6-21 lists what the hearing officer considers. These include:

• whether the summons was properly served (TLC can serve a licensee personally or by first-class mail to the last mailing address on file with TLC, under TLC §68-05),
• whether you were properly named,
• circumstances that could not reasonably be foreseen, or a medical emergency,
• whether you tried to attend with reasonable diligence,
• whether you had already rescheduled the matter,
• whether the problem came from not keeping your contact information current with the licensing agency, and
• whether you previously failed to appear on the same summons.

That last-but-one point matters for TLC drivers: if TLC mailed the summons to an old address because you didn't update it, that weighs against you. See what if I never received my TLC summons? and what you have to report to TLC.

How to ask

If a representative files for you, the request must explain your relationship to that person (§6-21).

If OATH says yes, or no

If granted, you get a new hearing on the original charge. The default is not a final ruling on whether service was proper. Prepare as you would for any hearing: see how to prepare for a TLC hearing. If you had already paid, OATH won't consider a refund until after the new hearing decision.

Don't miss the new hearing. If you default again on the same summons after a new hearing was granted, the second default cannot be reopened and can't be appealed at OATH (§6-21).

If denied, the denial is OATH's final determination and can't be appealed at OATH. Judicial review is possible only through an Article 78 proceeding in state court. Talk to a lawyer quickly if you're considering that.

Meanwhile: protect your license

While you wait, check whether TLC has already sent a suspension notice for an unpaid default fine. Paying the fine is what stops a suspension for non-payment. OATH's rule expects that some people asking for a new hearing will already have paid: it says a refund is considered only after the new hearing is decided (§6-21). If you plan to fight the charge, ask a representative how to handle payment and the new-hearing request together. See TLC license suspended: what to do and paying TLC fines.

Don't wait. Scan your default decision or summons and we'll help you check the dates and gather what you need.