What Happens If I Lose My OATH Appeal on a TLC Case?

If the OATH Appeals Unit rules against you, three things follow:

1. Your fine comes due 30 days after the appeal decision (TLC §68-02(c)(2)(A)).
2. You (or TLC) may petition TLC's Chairperson within 30 days, but only about errors of law (§68-12(c); 48 RCNY 5-04(f)).
3. The last option is a court case under Article 78 of New York's Civil Practice Law and Rules (48 RCNY 6-19).

Your options after the appeal

The fine: don't let the suspension clock catch you

The deferral you got by appealing ends with the appeal decision. The fine is due 30 days later. If it's unpaid by close of business that day, TLC can notify you that your license will be suspended in 10 business days until you pay (§68-02(c)). A Chairperson petition is not listed in that rule as something that defers payment, so plan to pay on time unless TLC tells you otherwise in writing. See can TLC suspend my license for unpaid fines.

Petitioning TLC's Chairperson

This step is unusual: it's an agency review of OATH's legal reasoning. The rules (§68-12; 48 RCNY 5-05):

When the Chairperson does decide, the written order may adopt, reject or modify the Appeals Unit decision. The Chairperson's interpretation of the rules becomes agency policy that the tribunal must apply in future cases (§68-12(b)).

Note that TLC can use this process too. If you won your appeal, TLC has 30 days to petition the Chairperson, and you'd have a chance to answer.

Article 78: going to court

OATH's appeal rule says judicial review of a final decision "may be sought" under Article 78 of the CPLR (48 RCNY 6-19). That's a court case with strict deadlines and procedure. We won't give you a court deadline here; ask a lawyer as soon as you lose the appeal.

If your license was revoked

Revocation cases carry extra rules, such as waiting periods before you can get any TLC license for some violations (§80-02(e)(3)). Read TLC license revocation.

Looking back

If you're reading this before filing, the guide to appealing an OATH decision explains what makes an appeal strong. Remember that you can't add new evidence on appeal, so the hearing is where cases are won. Deadlines are in how long do I have to appeal.

If you won and TLC petitions

The same review runs the other way. If TLC petitions the Chairperson after you win, the Chairperson has 30 days to notify you that the petition is being considered, and you then have 30 days to mail an answer to TLC's General Counsel. If the Chairperson doesn't notify you in time, or doesn't act within the time limits, the Appeals Unit decision becomes TLC's final decision (§68-12(c)(3)). Keep reading your mail and email after a win. For how payment works while appeals are open, see do I have to pay before appealing.