TLC Help
SearchLookupSign inScan my summons

Driver questionOATH hearings & process

How Long Do I Have to Appeal an OATH Decision on a TLC Case?

30 days from the decision date, or 35 if mailed. Learn the 50-day rule for reduced penalties, the automatic first extension, and how to get the recording.

  • Reviewed
  • 2 min read
  • 5 official sources
On this page (8)
  1. Use the calculator
  2. How the days are counted
  3. The TLC twists
  4. Need more time? Ask for the extension early
  5. The hearing recording
  6. What an appeal can't fix
  7. FAQ
  8. Sources

You have 30 days from the decision date to appeal, or 35 days if the decision was mailed to you. OATH must receive the appeal within that time (OATH Appeal FAQ; 48 RCNY 6-19). The decision date is printed next to the hearing officer's signature on the last page of the decision.

If you lose, the next steps are in what happens if I lose my OATH appeal. Two TLC-specific twists can change your date, and one simple step can buy you 30 more days. Details below.

Use the calculator

Free tool

OATH appeal deadline calculator

Find the last day to appeal an OATH Hearings Division decision on a TLC summons.

This tool needs JavaScript. The rules it uses are listed under “How this works” below.

Printed next to the hearing officer's signature on the last page.

How did you receive the decision?

Enter the decision date to see your deadline.

How this works

  • OATH: an appeal is due within 30 days of the decision date, or 35 days if the decision was mailed to you. The decision date is next to the hearing officer's signature on the last page.
  • If the hearing officer reduced your penalty under OATH's TLC rule §5-06(c), the appeal deadline is 50 days instead (48 RCNY §5-04(a)). This calculator shows the usual 30/35-day deadline.
  • OATH's general rule asks most appellants to pay first, but for TLC summonses you do not have to pay to file a timely appeal (48 RCNY §5-04(b)).
  • TLC §80-02(c): a TLC fine is due 30 days after the guilty finding; with an on-time appeal, payment is deferred until 30 days after the appeal decision. A suspension in the decision is not deferred by an appeal.
  • Your appeal must also be sent to the enforcement agency (TLC). The back of your decision explains how. A default decision is not appealed: you ask for a new hearing instead.

Official sources

General information, not legal advice. Always check the dates and amounts on your own summons or decision, and talk to a lawyer or OATH-registered representative about your case.

How the days are counted

OATH's counting rule (48 RCNY 6-04):

  • The day of the decision is not counted. Day 1 is the next day.
  • "Days" means calendar days, weekends included.
  • If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.
  • Five days are added when a decision is mailed. That is where 35 comes from.

Appeal deadlines on a TLC decision

  1. Day 0

    Decision date

    Printed next to the hearing officer's signature.

  2. Day 30

    Watch out: Normal deadline

    For a decision that was not mailed to you.

  3. Day 35

    Watch out: Decision mailed

    Five days are added for mailing.

  4. Day 50

    Reduced-penalty decisions

    If the hearing officer cut the penalty in the interest of justice (48 RCNY 5-06(c)), the appeal deadline is 50 days (5-04(a)).

The TLC twists

1. The 50-day rule. For TLC cases, a hearing officer can reduce a penalty "in the interest of justice." When that happens, the party appealing the underlying decision has 50 days from the decision date (48 RCNY 5-04(a)). TLC's Chairperson also has 20 business days to restore the full penalty in those cases. More in can a hearing officer reduce my TLC fine.

2. Suspension or revocation appeals move fast. When the appeal involves a suspension or revocation of a TLC license, the Appeals Unit issues an expedited decision, and the other side must respond within 7 days of being served (48 RCNY 5-04(c)–(d)). In ordinary appeals the other side has 30 days, and OATH must decide within 180 days of filing (OATH Appeal FAQ).

Need more time? Ask for the extension early

A first extension request filed within the 30 (or 35) days is granted automatically. It gives you 30 more days, counted from when the Appeals Unit grants it. Later requests need good cause (48 RCNY 6-19). The request must be in writing, sent to the other party (TLC), and filed with proof you sent it.

The hearing recording

An appeal is decided on the hearing record, and you can't add new evidence. So the recording matters. Use OATH's "Request for Appeal Extension and Hearing Recording" form. For TLC cases, if you request the recording in writing while appealing, OATH must produce it within 30 days. If it can't, the decision you are appealing is dismissed without prejudice (48 RCNY 5-04(e)).

What an appeal can't fix

Defaults and guilty pleas can't be appealed (see can I appeal a default or guilty plea). Being unhappy only with the size of the penalty is not, by OATH's description, a good ground for appeal. Good grounds are facts or law the hearing officer overlooked or misunderstood, law that was misapplied, or being kept from presenting key evidence.

For the full process, read how to appeal an OATH decision. For TLC cases you don't have to pay first: do I have to pay before appealing.

Frequently asked questions

Where do I find the decision date?

OATH says the decision date is next to the hearing officer's signature on the last page of the decision.

Does the deadline mean filed or received?

OATH's appeal FAQ says the appeal must be received within 30 days of the decision date, or 35 days if the decision was mailed. Filing online avoids mail delays.

Can I get more time?

Yes. A first extension request filed within the appeal deadline is granted automatically and gives 30 more days from when it is granted. Later requests need good cause.

What is the 50-day rule?

If a hearing officer reduced your penalty in the interest of justice under 48 RCNY 5-06(c), the party appealing the underlying decision must file within 50 days of the decision date (48 RCNY 5-04(a)).

Does asking for the hearing recording extend my deadline?

No. OATH's rules say requesting a recording does not extend the appeal deadline. Ask for the recording and an extension together if you need both.

Sources

Last reviewed against the official sources on .

  1. OATH: Appeal Frequently Asked Questions nyc.gov
  2. OATH Rules, Subchapter D: Appeals (48 RCNY 6-19) nyc.gov
  3. OATH Rules, Chapter 5: TLC violations (48 RCNY 5-04) nyc.gov
  4. OATH Rules, Subchapter A: General Matters (48 RCNY 6-04) nyc.gov
  5. OATH: Appeal a Decision 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.

Related

GuideAppealing an OATH Decision on a TLC SummonsHow TLC drivers appeal an OATH decision: the 30-day deadline (35 if mailed), why TLC fines needn't be paid first, extensions, and what gets reviewed.Read Free toolOATH Appeal Deadline Calculator for TLC DecisionsFind the last day to appeal an OATH decision on a TLC summons: 30 days, or 35 if mailed. Plus when the TLC fine is due and why you needn't pay it first.Open tool Driver questionDo I Have to Pay My TLC Fine Before Appealing?No. For TLC summonses, OATH does not require you to pay the fine to file a timely appeal, and TLC defers payment until 30 days after the appeal decision.Read Driver questionWhat Happens If I Lose My OATH Appeal on a TLC Case?After a lost appeal your TLC fine is due in 30 days. You may petition TLC's Chairperson on errors of law within 30 days, or go to court under Article 78.Read Driver questionCan an OATH Hearing Officer Reduce My TLC Fine?Sometimes. OATH's TLC rules let a hearing officer cut a penalty in the interest of justice, using nine factors. TLC can restore it within 20 business days.Read AppealA request for OATH's Appeals Unit to review a Hearing Officer's decision on a TLC summons, based on the hearing record.Driver questionCan I Appeal a TLC Default, Guilty Plea or Settlement?OATH won't hear appeals from defaults, denied default motions or guilty pleas, and a TLC settlement waives appeals. See what you can do instead in each case.Read Default DecisionA decision against a respondent who did not appear, enter a plea, or request a reschedule on time.