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It depends on who wrote the summons and what it's based on.
- If an inspector or officer wrote and swore to the summons, they usually don't need to attend. A sworn summons is evidence by itself (48 RCNY 6-12).
- If the case rests on a complaining witness, such as a passenger, and that person's credibility matters, TLC must produce them in person or by phone or video. If TLC can't, and the hearing officer finds TLC's efforts inadequate, the summons is dismissed (48 RCNY 5-02).
Two kinds of summons, two different rules
What "prima facie" means for you
Prima facie evidence is enough to prove a fact unless it is rebutted. A sworn or affirmed summons, and an inspector's report served with it, are prima facie evidence of the facts they state (48 RCNY 6-12). TLC says the same in plain words: for summonses written by a law enforcement officer, "the judge may accept the sworn allegations as evidence" (TLC: Receive a Summons).
That doesn't make the summons unbeatable. TLC still carries the burden of proof: it must show the facts are more likely true than not (a preponderance of the evidence). Your testimony, trip records, photos, dashcam video, app screenshots and witnesses can tip the balance. See what TLC must prove at a hearing and evidence for a TLC hearing.
Passenger complaints: your right to confront
OATH's TLC chapter says, following Administrative Code §19-506.1, that TLC "must produce the complaining witness in person or by remote means where such witness's credibility is relevant" (48 RCNY 5-02(a)).
One more protection: if you asked for an adjournment earlier specifically to get the complaining witness's testimony, and the witness still doesn't attend, that counts as TLC's failure to produce and may be grounds for dismissal (48 RCNY 5-02(c)).
These rules decide whether the case can go forward. They are not a guarantee. If the hearing officer finds the passenger's credibility is not really in dispute, or TLC's efforts were adequate, the case can continue. For more, read passenger complaint summons and responding to a passenger complaint.
Inspector adjournments have a limit
A hearing officer may adjourn a hearing to get an inspector's testimony, but not more than twice. A second adjournment because the inspector didn't appear generally needs your consent or extraordinary circumstances (48 RCNY 6-15). If you need the inspector to answer questions, raise it early. OATH also notes that agency staff won't attend in-person hearings (OATH).
Bringing your own witness? See witnesses at an OATH hearing.
Frequently asked questions
Can I win just because the inspector didn't show up?
Not automatically. Under 48 RCNY 6-12, a sworn or affirmed summons is prima facie evidence of the facts it states, so it can be enough unless you rebut it.
Does a passenger who complained have to testify?
When the complaining witness's credibility is relevant, TLC must produce that witness in person or by remote means (48 RCNY 5-02). If TLC can't, it must explain its efforts, and if the hearing officer finds them inadequate, the summons is dismissed.
What does prima facie evidence mean?
Evidence that is enough to prove a fact unless the other side offers something that rebuts it. You can rebut it with your own testimony, documents, photos, trip records or witnesses.
Who has to prove the case?
TLC. It must prove the facts in the summons by a preponderance of the evidence, meaning more likely true than not. You must prove any affirmative defense you raise by the same standard.
Will an inspector join an in-person hearing?
OATH's hearings page says enforcement agency personnel will not attend in-person hearings. In that case the sworn summons and any served report are the agency's evidence.
Sources
Last reviewed against the official sources on .
- OATH Rules, Chapter 5: TLC violations (48 RCNY 5-02) nyc.gov
- OATH Rules, Subchapter C: Hearings (48 RCNY 6-12, 6-15) nyc.gov
- TLC: Receive a Summons nyc.gov
- OATH: Hearings and Defaults nyc.gov
Spotted something out of date? Tell us and we'll check it against the official source.
TLC Help is not a law firm and is not affiliated with the NYC Taxi & Limousine Commission or OATH. Explanations on this site are general information, not legal advice. Legal representation is provided by independent attorneys and OATH-registered representatives in our network.