TLC Settlement Offers: How They Work and How to Ask

In short

A settlement is a written deal with TLC that resolves a summons, usually for a reduced penalty and without a hearing. Settlements come from TLC, the agency that wrote the summons, not from OATH (OATH). Not every summons is eligible. A settlement can be a good deal, but it has real strings: you give up your hearing and any appeal on that summons, and if you don't keep to its terms, TLC can suspend your license without a hearing (TLC §68-20).

This is general information, not legal advice.

How settlements reach you

According to TLC (TLC: Received a summons?):

• You may receive a reduced-fine settlement offer by mail, before or after a summons is issued.
• If you haven't received one, you can visit TLC in Long Island City in person or email Settlements@tlc.nyc.gov to discuss settlement.
• Settlement offers are not given over the phone.

How to ask TLC for a settlement

If no offer has arrived and you want one, TLC gives two ways to ask: email Settlements@tlc.nyc.gov or visit TLC's office in Long Island City in person. It doesn't discuss settlement offers by phone (TLC). If you need an interpreter at the office, TLC says to tell staff and name your language.

A clear request saves time. Include:

• your full name and TLC license number,
• the summons number (and every summons number, if you have several),
• the hearing date on the summons,
• a one-line request: that you'd like to know whether a settlement is available for this summons, and
• your current mailing address, phone and email.

Keep it short and factual. You don't have to explain your defense or admit anything to ask. Save a copy of what you sent and the date. If the hearing date is close and you haven't had an answer, don't let it pass. Respond to OATH, reschedule once, or have a representative appear, so you aren't defaulted while waiting.

When a settlement usually makes sense, and when it may not

There's no rule that says when to settle; it depends on your case. Settlements tend to make sense when the facts are hard to dispute (a missed inspection that really was missed, a document you really didn't have) and the offer is clearly lower than the penalty in the rule. They deserve a harder look when you have strong evidence you didn't do it, when the charge carries points that push you toward a Persistent Violator suspension, or when it is one of the charges with escalating repeat penalties, such as refusals and overcharges under TLC rule §80-02(e). In those cases, ask exactly what the settlement does to your record before you sign.

What the rule says about settlements

TLC's adjudication rules, §68-20(a), set out how settlements work:

1. The TLC Chairperson and the respondent "may dispose of a summons by entering into a settlement agreement."
2. The agreement must be in writing.
3. It may set penalties different from the rules. That is how a reduced fine is possible.
4. It may cancel an adjudication that is open or already completed at OATH. TLC then tells OATH.
5. It may set penalties for not complying, with or without a further hearing.
6. Unless it says otherwise, if you don't comply, TLC may suspend your license without a hearing until you do.
7. Both sides waive any further hearings or appeals on the settled summons.

Read the offer for exactly what you are agreeing to: the amount, the due date, any points or conditions, and what happens if you miss a payment. If something isn't written in the offer, don't assume it. Ask TLC and get the answer in writing.

Settle or fight?

Questions to ask before you accept:

• How strong is TLC's evidence? If the summons is based on a passenger complaint with no other proof, a hearing may go well. If a police officer wrote it, the sworn allegations carry weight.
• What's the full penalty? Check the rule in our violation library for fines, points and any suspension.
• Points and history. Points count toward the Persistent Violator Program; repeat violations often carry higher penalties.
• The downside of losing. TLC warns that if the judge doesn't accept your account, the fine may be higher than the earlier settlement offer.

Settlement vs. withdrawal

A settlement is different from a withdrawal. Under §68-20(b), TLC's Chairperson may withdraw a summons, even after it was decided, if it was written in error, not properly served, or written against TLC's enforcement policy. A withdrawal vacates any fine, suspension, revocation or points, and fines already paid are refunded. If your summons has an obvious problem of that kind, raise it with TLC or your representative. See can TLC withdraw a summons?

Deadlines still apply

Follow the instructions and dates in the settlement offer exactly. If you don't accept a settlement, you still need to respond to the summons by the hearing date. OATH stresses the same point: settlements are the issuing agency's process, so "it is important for you to follow the instructions on your summons or in your settlement offer." Asking TLC about a settlement does not move your OATH hearing date. If you need more time, use your one reschedule before the hearing time. If nobody responds by the hearing date, OATH decides by default, and the facts on the summons are treated as admitted (missed your hearing?).

Want someone to weigh the offer with you? Start a case — our network attorneys and registered representatives review the evidence before you decide.