OATH Hearings for TLC Drivers: Phone, Online, In Person

In short

TLC summonses are decided by the OATH Hearings Division, the city tribunal that took over from the former TLC tribunal. TLC acts as the prosecutor (the "petitioner"); you are the "respondent." A hearing officer listens to TLC's evidence and yours, then issues a written decision. Most hearings are by phone. You can also send a written defense online or by mail if your summons is eligible, or ask for an in-person hearing. Every method has a request deadline, and OATH says all hearings must be requested and prescheduled before the hearing date.

This is general information, not legal advice.

Three ways to have your hearing

Sources: OATH: Hearings and defaults, TLC: Received a summons?. You can also mail a written defense; OATH must receive it before the hearing date.

Which method should you choose?

• Phone is the most common method: OATH says most hearings are conducted this way, you can join from anywhere, and you can still present evidence and witnesses. Send documents in the way OATH's confirmation tells you to.
• Written defense (online or mail) suits simple cases where your documents tell the story. But anything you don't deny or explain is treated as admitted, and you can't answer questions in real time (§6-10).
• In person suits people who communicate better face to face. OATH notes that agencies that send representatives to hearings continue to appear by phone, and that no enforcement agency staff will be present at in-person hearings (OATH).

What happens at the hearing

• TLC must prove the allegations by a preponderance of the evidence, meaning more likely than not. But a summons sworn or affirmed under penalty of perjury is admitted as prima facie evidence of the facts it states (48 RCNY §6-12), and TLC notes this applies to summonses written by law enforcement officers (TLC). Your evidence is how you answer it.
• You tell your side and present documents, photos, video and witnesses. You can still have a hearing without them.
• The judge decides whether the charge is proven, and if so, the penalty set by TLC's rules.
• Interpreters are available — ask OATH in advance.

Being on time, and when TLC isn't

OATH's general rule gives respondents three hours, but the TLC chapter is stricter and takes precedence. For TLC summonses your appearance is timely only if you appear and are ready to proceed within 90 minutes of the scheduled time (48 RCNY §5-01a). The same rule protects you when TLC is the one who is late:

• If TLC fails to appear within 30 minutes of your timely appearance, and didn't make a timely request to reschedule, OATH will dismiss the summons.
• If the hearing doesn't begin within 3 hours of both sides appearing on time, OATH dismisses it without prejudice, so TLC may be able to refile.

Complaining witnesses. When a summons rests on a complainant whose credibility matters, such as a passenger complaint, TLC must produce that witness in person or remotely. If it can't, it must explain its efforts, and the hearing officer dismisses the summons if those efforts were inadequate (§5-02).

The order of a hearing

OATH's rule §6-11 sets the usual order, which the hearing officer can adjust:

Everyone who testifies is put under oath or affirmation. OATH records the hearing, and that recording is the official record. No one else may record it without OATH's written permission. At the start, the hearing officer tells you that language assistance is available, and a professional interpreter is provided when needed. See interpreters at OATH.

The decision

After the hearing, the hearing officer writes a decision sustaining or dismissing each charge, with findings of fact and conclusions of law. If a charge is sustained, the penalty can include a fine, penalty points, or a suspension or revocation (§6-17). Under TLC's rules, a suspension takes effect when the decision is issued, and fines are due within 30 days (§80-02(c)).

For TLC summonses, the hearing officer can also reduce a penalty "in the interest of justice" (not for Admin Code §19-507) after weighing factors such as the seriousness of the violation, the harm caused, the evidence, and your history (§5-06(c)). TLC's Chairperson can re-impose the full penalty within 20 business days. If you disagree with the decision, see appealing an OATH decision.

A real risk to weigh

TLC notes that if the judge doesn't accept your account, the fine may be higher than an earlier settlement offer. Many TLC rules also have a lower fine if you plead guilty before a hearing. That's why it helps to have someone look at the evidence before you choose.

How to prepare

1. Read the exact rule you're charged with in our violation library.
2. Gather your documents and evidence.
3. Write a short, factual timeline of what happened.
4. Be available and ready at the scheduled time, with your documents in front of you. See what to expect at a phone hearing.

Representation

You don't need a lawyer at OATH — anyone may represent themselves. You may hire an attorney, or a non-attorney representative. Non-attorneys who represent more than one person a year must register with OATH, and you sign an authorization form for them (OATH: Registered representatives). An attorney or registered representative must have your signed authorization to appear form before the hearing (§6-16). See do I need a lawyer for a TLC hearing?

Need help? Scan your summons and we'll explain your options.