Driver questionOATH hearings & process

Can I Reschedule My OATH Hearing Twice?

OATH grants each side one reschedule per summons, no reason needed. After that you need an adjournment for good cause. Learn the difference and what to do.

  • Reviewed
  • 2 min read
  • 5 official sources
On this page (8)
  1. Reschedule vs. adjournment
  2. How the one reschedule works
  3. If you already used your reschedule
  4. Special case: after a default is reopened
  5. A hearing by phone may be easier than moving the date
  6. Use the extra time well
  7. FAQ
  8. Sources

Usually not. OATH's rule gives each side one granted reschedule per summons, and you don't need a reason for it (48 RCNY 6-05). Once you've used it, the only way to move the date again is to appear on the hearing day and ask the hearing officer for an adjournment, which needs good cause (48 RCNY 6-14).

Never just stay home and hope. A hearing you don't attend becomes a default, which is a finding against you.

Reschedule vs. adjournment

Two ways to move an OATH hearing

Row labelRescheduleAdjournment
Who decidesThe tribunal (clerk's office)The hearing officer
When you askBefore the scheduled hearing timeDuring the hearing
Reason needed?No. Good cause is not necessaryYes, good cause
How manyOne granted request per party per summonsNo fixed number, but prior adjournments count against you
How to askOnline form or mailed form (GN7a); TLC also lists OATH's phone lineAsk at the start of your phone or in-person hearing
If refusedHearing goes ahead as scheduledDenials can't be appealed on their own

How the one reschedule works

  • Ask before the hearing. OATH must receive your request before the scheduled hearing time. A mailed form must arrive before the hearing (OATH: Reschedule).
  • Online is easiest. OATH's page offers an online request form and a printable form in many languages.
  • By phone. TLC tells drivers who haven't rescheduled yet to call OATH at (844) 628-4692 (TLC: Receive a Summons).
  • Keep the confirmation with the new date and time. Write the date down twice.

TLC gets one reschedule too. If TLC asks, it must notify you at least three days before the original date and file proof, unless you sign a waiver (48 RCNY 6-05).

If you already used your reschedule

Second time you can't make it

  1. Watch out: Join the hearing

    Call in or appear on the hearing date, on time. Not appearing is a default.

  2. Ask for an adjournment

    Tell the hearing officer why you need more time, for example a medical emergency or a missing witness.

  3. Show proof

    Doctor's note, hospital papers, travel records, or why a document is not ready yet.

  4. Officer decides

    They weigh your preparation, the age of the case, prior adjournments and inconvenience to witnesses.

  • 4Officer decidesGrantedNew date set; no further reschedule allowed
  • 4Officer decidesDeniedThe hearing goes ahead now

Under 48 RCNY 6-14, the hearing officer considers things like whether you had a reasonable chance to prepare, how old the case is, earlier adjournments, and inconvenience to witnesses. Two more points from the same rule:

  • After an adjournment, neither side can use the 6-05 reschedule.
  • A denied adjournment request can't be appealed by itself.

So be ready to go forward if the officer says no. Bring your documents and witnesses anyway. Use the hearing prep checklist.

Special case: after a default is reopened

If you missed a hearing and OATH granted you a new one, you may ask for one final reschedule if you can't attend the new date (48 RCNY 6-21). Missing that new hearing is final at OATH. See what happens if I miss my OATH hearing.

A hearing by phone may be easier than moving the date

If the real problem is taking a day off work, a phone hearing may solve it: request it at least 3 business days and no more than one month before the hearing. See OATH phone hearings, and the full rescheduling guide.

Use the extra time well

A reschedule only helps if you use the time. Ask TLC whether a settlement is available: TLC says you can visit its Long Island City office or email Settlements@tlc.nyc.gov, and offers aren't given by phone (TLC). See TLC settlement offers. Gather documents and contact witnesses. And put the new date somewhere you'll see it; our deadline calculator can help you plan.

Frequently asked questions

How many times can I reschedule an OATH hearing?

Under 48 RCNY 6-05, each party may get only one granted request to reschedule per summons. Good cause is not needed for that one request.

What is the difference between rescheduling and an adjournment?

A reschedule is asked of the tribunal before the hearing. An adjournment is asked of the hearing officer during the hearing, and it needs good cause.

When must the reschedule request reach OATH?

Before the scheduled hearing time. If you mail the form, OATH must receive it before the hearing.

Can TLC reschedule too?

Yes, TLC (the petitioner) gets one reschedule as well, but it must notify you at least three days before the original date and file proof, unless you waive that notice.

If my default is reopened, can I reschedule the new hearing?

Yes. OATH's default rule says that if you can't attend the new hearing granted after a default, you may ask for one final reschedule.

Sources

Last reviewed against the official sources on .

  1. OATH Rules, Subchapter B: Pre-Hearing Procedures (48 RCNY 6-05) nyc.gov
  2. OATH Rules, Subchapter C: Hearings (48 RCNY 6-14, 6-15) nyc.gov
  3. OATH: Reschedule an Upcoming Hearing nyc.gov
  4. OATH Rules, Subchapter E: Defaults (48 RCNY 6-21) nyc.gov
  5. TLC: Receive a Summons nyc.gov

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