How Late Can I Be for My TLC Hearing at OATH?

For a TLC summons, you are on time if you appear and are ready to proceed no more than 90 minutes after the scheduled hearing time. That is OATH's TLC-specific rule, 48 RCNY 5-01a(a). Later than that, you risk a default: a finding against you without a hearing.

Ninety minutes is a safety margin, not a plan. Call in or arrive at the scheduled time. If you already know you can't make the date, use your one reschedule before the hearing instead: see can I reschedule my OATH hearing twice, and get ready with how to prepare for a TLC hearing.

Why you may have read "three hours"

OATH's general rule says an appearance is timely within three hours of the scheduled time (48 RCNY 6-09), and OATH's phone hearing page tells callers to check in within three hours (OATH: Hearing by Phone). But TLC cases have their own chapter. Chapter 5 says that when it conflicts with the general rules, Chapter 5 takes precedence (48 RCNY 5-01). For TLC summonses, use 90 minutes as your outer limit.

The clock on hearing day

When the delay is on TLC's side

Chapter 5 protects you from waiting forever:

• TLC late. If TLC (the petitioner) does not appear within 30 minutes of your timely appearance, and it did not make a timely request to reschedule, "the Tribunal will dismiss the summons" (48 RCNY 5-01a(b)).
• Hearing never starts. If the hearing does not begin within three hours of both sides' timely appearance, the tribunal will dismiss the summons without prejudice (48 RCNY 5-01a(c)). "Without prejudice" means the dismissal is not a ruling on the facts, so the charge could in principle be brought again.

Write down the time you checked in and the name or number you were given. If you rely on these rules, a record of times helps you or your representative raise it.

Phone hearings: practical tips

• OATH emails a confirmation and then a phone number and PIN. If it hasn't arrived by the morning of the hearing, check spam, then email clerksofficemail@oath.nyc.gov (OATH).
• You can choose a callback when your hearing is ready, which cuts waiting on hold.
• Keep your phone charged and your documents ready to email during the hearing.
• Text OATHreminder to (917) 451-8829 for reminders.

More in what to expect at an OATH phone hearing. If you asked for an in-person hearing, check OATH in-person hearing locations and plan for traffic and security lines.

If you were too late

A late appearance counts as a failure to appear, which is a default (48 RCNY 6-09). Ask for a new hearing right away. A first request within 75 days of the default decision's mailing is granted (48 RCNY 6-21). See what happens if I miss my OATH hearing.